The Supreme Court held that the free
exercise of religion required an exemption from an otherwise valid policy.
Not exact matches
The American experiment is inseparable from a religiously grounded morality that produced a polity that not only tolerates but
requires the vibrant
exercise of religion in public life.
But even if that bastion were, regrettably, to fall, a further protection should be maintained to safeguard the free
exercise of religion on the part
of organizations seeking to carry out what members believe to be the duties
of conscience
required by their religious obligations; i.e..
«The bill would amend an existing law to give any individual or legal entity an exemption from any state law that substantially burdens their
exercise of religion, including Arizona law
requiring public accommodation regardless
of a customer's race, color, national origin, sex,
religion, and disability.
(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason
of race, color,
religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers
of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution
of an action will materially further the orderly achievement
of desegregation in public education, the Attorney General is authorized, after giving notice
of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name
of the United States a civil action in any appropriate district court
of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall
exercise jurisdiction
of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court
of the United States to issue any order seeking to achieve a racial balance in any school by
requiring the transportation
of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power
of the court to insure compliance with constitutional standards.
A federal regulation which
requires lenders to promote the availability
of credit to all creditworthy applicants without regard to race, color,
religion, national origin, sex, marital status, or age (provided the applicant has the capacity to contract); to whether all or part
of the applicant's income derives from a public assistance program; or to whether the applicant has in good faith
exercised any right under the Consumer Credit Protection Act.
It contains an elaborate reasoning in order to answer (in the negative) the first question: whether an individual may be
required to restrict some aspects
of the
exercise of his
religion to a «core area».
The central issue in that case was whether a provision in the Affordable Care Act (ACA), which
required employers to provide employees with health coverage for contraception, infringed on Hobby Lobby's rights under the Religious Freedom Restoration Act (RFRA), which prohibits Congress from enacting a law that burdens a person's
exercise of their
religion.
Congress passed RFRA in 1993, which
required that» [g] overnment shall not substantially burden a person's
exercise of religion even if the burden results from a rule
of general applicability, unless the government demonstrates that application
of the burden to the person --(1) is in furtherance
of a compelling governmental interest; and (2) is the least restrictive means
of furthering that compelling governmental interest».
Its resolution
requires consideration
of principles
of parliamentary privilege and the extent to which courts may review their
exercise by the National Assembly in accordance with the freedom
of religion or expression.
From a legal standpoint, when parents
of different
religions divorce, unless they agree on their child's future religious upbringing, the court is
required to balance the best interest
of the child with the parents» right to freely
exercise the
religion of his or her choice.