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Essays on the first amendment cases
Landmark first amendment supreme court decisions
Essays on the first amendment cases
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Freedom of religion is a principle upon which America was founded; the reason the Pilgrims decided to leave England was to be able to practice their own beliefs instead of the beliefs of the English church. Other groups, such as the Puritans, did the same; rather than give up their own beliefs and be forced into the life that was being forced upon them, they decided to journey to the New World, where they would be able to live as they wanted to. This is in essence part of the American Dream; for one to escape the chains of their past living and live freely in America. These beliefs were eventually added as a part of the Bill of Rights, which was added to the Constitution in order to ensure that these rights would not be infringed upon by the government. However, recently this religious freedom has been under attack. The government has required people to comply with things that they morally believe is wrong; an infringement of this freedom. Religious freedom should be protected to continue upholding America’s founding rights and to protect the lifestyles of …show more content…
religious people all throughout America. During the Obama administration’s time in office, several laws were passed that infringed on the religious freedom rights provided by the first amendment.
The most prominent of these was the passing of ObamaCare, the Obama administration’s health care plan. This plan included a mandate to provide free contraception to women, regardless of religious affiliation. Catholics believe that the use of contraception is morally wrong; this is a direct infringement of the right to worship as you choose, the religious freedoms provided in the first amendment. Politicians against the laws spoke out and called for their dismissal, while a large number of Catholic organizations filed lawsuits, citing that not only did it violate the 1st Amendment, but it also violates the 1993 Religious Freedom Restoration Act, which protects the free exercise of religion from discrimination by federal laws. (“Point:
Mandated...”) Another major law that was passed that would affect religious freedom is the legalization of same-sex marriage. After same-sex marriage was legalized, people were forced to issue marriage licenses for same-sex couples, regardless of their religious beliefs. This is yet again a breach of the first amendment; a person of faith should not have to acknowledge something that they object to on moral grounds. Opponents to the law argue that the Supreme Court had no right to amend with this law on the grounds that marriage is never mentioned in the Constitution; therefore, the rights to make laws on it should be passed to the states as stated in the 10th Amendment. (“Counterpoint: The Legalization...”) Opponents of laws protecting religious freedom claim that the laws are simply being made for use as a cover so that people may freely discriminate LGBT people in public without legal consequence. However, one must consider the side of the religious people as well as the LGBT people. A point is made that “if being excluded from a bakery’s wedding service causes emotional harm to gay individuals... then so does asking a Catholic nun to violate her religious principles by being involved, however indirectly, in the distribution of contraception.”
The Protestants who emigrated to America knew from experience of the negative effect the government had on religion when the two were operating together. With the mindset of creating a new perfect holy land, they decided to make sure both church and state worked separately. While Puritans still did everything they could to enforce their beliefs in New England, including exiling those who did not attend church regularly, the core idea of separation of church and state was in the minds of the people. In order to have a country that values the freedom of religion, the church has to be out of any government policy. Any laws that are created around a single church’s faith, even if the majority of the population believes in them, threaten the freedoms of all other denominations. Ame...
The issue that is at hand is if the Religious Freedom Restoration Act of 1993 is being violated, which says that the federal government “shall not substantially burden a person’s exercise of religion” unless that burden is the least restrictive means to further a compelling governmental interest, allows a corporation the ability to deny its employees the health coverage of contraceptives to which the employees are entitled by federal law, based on the religious objections of the corporation’s owners. But the debate over the legitimacy of the case has ripped a path all the way to the Supreme Court. Hobby Lobby argues intensely that they should be exempt from certain provisions of the Affordable Care Act, because of the owners Mennonite religious beliefs and practices. What is at risk here isn't just the freedom of religion, but about power over one’s health care.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." These opening words of the First Amendment of the Constitution set forth a guarantee of religious freedom in the United States. The Establishment clause was intended to accomplish this end by, in the words of Thomas Jefferson, creating a "wall of separation between Church and State." The First Amendment prevented the government from interfering in it's citizens religious lives. It did not, however, prevent the federal government from engaging in it's own.
Throughout history, America has faced disagreements that led to various complications, one of them being religious freedom. Americans claimed to have always supported religious freedom and that the First Amendment backed that up. However, according to David Sehat, this was only a myth. The myth he argued that there was a moral establishment that constrained religious liberty, therefore American religious freedom was only a myth. Sehat overstated this claim because there have been many historic measures that have shown American religious liberty, such as the Second Great Awakening, the emergence of new religious movements, and religious liberty court cases.
On January 1, 1802, Thomas Jefferson wrote a letter to the Committee of the Danbury Baptist Association in Connecticut in which he stated:
The incorporation of the 14th Amendment in regards to Civil Liberties is one of the longest and most important constitutional debates of all time. Though the 14th Amendment was adopted in 1868, the Supreme Court rendered their first interpretation of its scope five years later. The Court supported the Privileges and Immunities Clause by a narrow 5-4 vote. This clause was later thought to be the regular basis of enforcing individual citizen’s rights and civil liberties. The development in understanding and the provision for protection of one such liberty, freedom of religion, has changed throughout the history of the United States. Evidence of this can be seen not only in the role government has played but also through several court cases.
The basis of the Pilgrims leaving Europe and coming to America was for religious freedom! Multiple different religions in our “God fearing” nation have been shutout or cast down simply because of their right to believe in a higher being. In saying this, it must be safe to assume that religious freedom was NOT the sole reason because ever since the dust, from Europe to the “West Indies” settled, our ancestors began to tell different religious sects what they could and could not do to worship their own omnipresent deity. Even as the Pilgrims arrived full of the hatred that the religious oppressions had brought them, one of their goals was to convert Native Americans to Christianity! As our colonies became a unified nation, we began passing laws that varied religions from their normal rituals of worship. Henry Louis Mencken said, “Giving every man a vote has no more made men wise and free than Christianity has made them good.” (Leray, 2014) Thomas Jeffereson said, “I never will by any word or act, bow to the shrine of intolerance or admit a right of inquiry into the religious opinions of others.” (Petrie, 2014) These two quotes make the point that even though we the people, “one nation under God,” are completely severed ...
What is freedom of religion? Today people speak freely about their own views over specific topics regarding what they believe and what they think is the truth. Along with everything in life, there are limits and laws that the government of the United States have established. Freedom of religion originated is taught in schools that the Pilgrims traveled to America because they were trying to find freedom, unlike in England where they were not allowed to live out their own beliefs. The Puritans came to America shortly after as well as many others have done and continue to do from all over the globe. However, colonies were being established before they started ...
Our founding fathers wrote the Constitution and the Bill of Rights to protect our most basic rights as citizens of the United States, and although creating the Constitution was an arduous effort, eventually the new Americans came to an agreement over what was included. “The Bill of Rights — the first 10 amendments to the Constitution — went into effect on Dec. 15, 1791, when the state of Virginia ratified it, giving the bill the majority of ratifying states required to protect citizens from the power of the federal government.” (First Amendment Center). After the first amendment went into effect, all religious minorities were now protected from persecution, and people could freely speak their
To open this discussion, I would like to start with the civil liberty of freedom of religion. This liberty was identified in my original Constitution essay through the mentioning of the separation of church and state clause. The reason for my including of this liberty, and my stressing of its importance, is that I feel that the government interprets this liberty in a one sided fashion because of the incorrect interpretation of the already in place separation of church and state clause. I also include it because I believe that recently the attacks upon religion have metastasized and tha...
One major controversy in America today deals with the corporate company of Planned Parenthood. Planned Parenthood is an organization that provides health care, sex education, and information pertaining to anything in reproductive health care to men and women around the world. Over 1.5 million people get provided with sexual education every year through Planned Parenthood, and 2.7 million people in the U.S alone annually visit Planned Parenthood, and over 5 million men and women around the world. This company’s main goal is to prevent unintended pregnancies, and inform young and old on the measures to take if and when unwanted pregnancies happen. There are many different view points with this organization today, and currently it is a major controversy in the eyes of our government.
Robert Creamer. "Protecting Access to Birth Control Does Not Violate Religious Freedom." Current Controversies: Politics and Religion. Ed. Debra A. Miller. Detroit: Greenhaven Press, 2013. Opposing Viewpoints Resource Center. Gale. Lee’s Summit High School. 31 Oct. 2013
Yet, still even with this, the American people still needed individual protection from the government. With this being said, the Bill of Rights was created to further protect the liberties of American citizens. The Bill of Rights is a list of ten amendments that would guarantee the rights of the people (Bill of Rights). This document was created to ensure the government did not get too much power, but current day it can be observed how the government is trying to clip away at these amendments, trying to convince the people that they are not necessary. This can be seen with the two most currently most debated amendments, the first and second (Discussing Controversial Topics). The First Amendment, as stated in the Bill of Rights, is as so, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the
Abortion, a simple word yet complicated. This word has become a controversial topic in political, religious and medical world since the 19th century and until now, it’s still a question in each and everyone’s heart. (“Feminist”) On January 1973, abortion has been brought out in the case of Roe v. Wade, which later ruled that the state law that banned abortion is unconstitutional by the Supreme Court. (“britannica”). Because of this case from 1973 through 2005, millions of legal abortions were performed. For a better cause and to avoid public protestants towards this issue, the government of Nebraska and Oklahoma had signed two specific laws about abortion (“Procon”). Although abortion has been protected by the government, many people- like me- still hold a strong belief that says:” Abortion is illegal.”
The five right listed under the First Amendment are: Freedom of religion; “Congress shall not make no law respecting an establishment of religion”. Citizens are allowed to practice any religion they want.