Sentences with phrase «free exercise cases»

At this point it would seem the definition of religion is so broad as to be meaningless in deciding cases, at least free exercise cases.

This test is being praised by the backers of the RFRA as duplicating the «compelling state interest» standard that the Supreme Court applied to free exercise cases before the Smith decision.

«It is unusual, to say the least, for us to file for the government in a free exercise case,» wrote BJC general counsel Holly Hollman in an op - ed for Religion News Service.

Not exact matches

I'm reading NFIB v. Sebelius (the Obamacare decision) in preparation for teaching the case to my constitutional law students and came across the following most interesting passage in in Justice Ginsburg's opinion: «A mandate to purchase a particular product would be unconstitutional if, for example, the edict impermissibly abridged the freedom of speech, interfered with the free exercise of religion, or infringed on a liberty interest protected by the Due Process Clause.»

The seriousness of the problem is revealed by the fact that, although Trinity Lutheran has come before the Supreme Court as a free exercise and equal protection case, the Blaine Amendments most centrally collide with the Establishment Clause.

This fall the U.S. Supreme Court will consider arguments in a case that goes to the very heart of the constitutional guarantee of free exercise of religion.

If we are serious about the free exercise of religion, we should protect free exercise whenever we can, by protecting sincere religion in most cases even if we realize that human error will prevent us from protecting it in all cases.

But Madison advanced this case not in the service of a protection of the free exercise of religion but rather in opposition to the establishment of religion.

In those cases the court deferred to the judgment of the Air Force that the free - exercise claim of a Jewish officer who wore his yarmulke on duty could not be accommodated; it deferred to the judgment of correctional authorities that the free - exercise claim of a Black Muslim to attend Friday afternoon religious services could not be accommodated; it deferred to the judgment of the Department of Agriculture's Forest Service that building a logging road through a national forest was necessary despite the damage to religious practices of Native American tribes in that area; it deferred to the Internal Revenue Service's ruling that Bob Jones University was not entitled to tax exemption because of its religiously motivated rule against interracial dating and marriage on campus; it deferred to the judgment of the secretary of labor that a religious community must pay its members the minimum wage for work they performed in the group's business although the members said they had religious objections to being paid for their work.

But in many recent cases they have tended to agree more readily on another thesis: that the free - exercise clause does not interpose protections of religious obligations and practices that it once did (from 1940 to 1981), and that the establishment clause does not have the, force against government action that it once did (from 1948 to 1985)

HHG — The film is an exercise of free speech that should not be suppressed — this is not a case of yelling «fire» in a crowded theater.

The film is an exercise of free speech that should not be suppressed — this is not a case of yelling «fire» in a crowded theater.

therealpeace2all — The film is an exercise of free speech that should not be suppressed — this is not a case of yelling «fire» in a crowded theater.

With a subjective interpretation and adjudication of such cases, we need reassurance that such would not restrict the free exercise of religion for our chaplains and military personnel.

Whatever views one might hold on that distinct question, in this case the Council has engaged in an obvious violation of the right to the free exercise of religion.

Undaunted, the supposed guardians of civil liberties — except the free exercise of religion, it seems — recently brought a case against a Catholic hospital for refusing to permit doctors to perform an elective hysterectomy as part of a sex - reassignment surgery.

In fact, one could make the case that anyone attending the dinner, even the two candidates, would, by the vibrant solidarity of the evening, be reminded that America is at her finest when people, free to exercise their religion, assemble on behalf of poor women and their babies, born and unborn, in a spirit of civility and respect.

Preparations are already underway to make the case before the Supreme Court that state Blaine Amendments violate the equal protection clause and the free exercise clause of the Bill of Rights.

«The First Amendment,» he argued, «does not authorize Congress to pick and choose the persons or entities or the organizational forms that are free to exercise their religion» — a view that was later affirmed by the U.S. Supreme Court in the Hobby Lobby case.

We find it very bizarre that the Hon. Attorney - General, Ms Gloria Akufo, who assured the entire citizenry of her commitment to fairness and strict adherence to ethical principles at her vetting not too long ago, will claim that she exercised the said constitutional discretion on grounds merely that there was a lack of evidence to prosecute the case in question when indeed, the Siting Judge, Court Clerks, Court Bailiffs, Court Warrant Officers (CWOs), Journalists as well as notable public figures in whose presence the said court was physically attacked and the accused persons freed, are alive and available to be interviewed and evidence taken from same.

Whatever the case, knowing what your daily workout is going to be, what machines or free weights you'll need, the order in which you want to do these exercises — will all come in very handy in a crowded gym scenario.

In any case, the vast majority of your efforts should go into the compound, multi-joint, free - weight exercises.

These provide a safer environment than free weights as they restrict range of motion and often have safeties in place in case the exercise becomes too difficult.

Historically, the common perception of free radicals and antioxidants and their interaction with exercise training has been a classic case of good guy vs. bad guy.

Although it is said that we live in a free country and can exercise our freedom of will, sometimes this can not feel like the case.

In determining who should be awarded custody, the court may want to consider which party has paid attention to the animal's basic daily needs (food, shelter, physical care, exercise, grooming, flea control); who takes the animal to the veterinarian; who provides for social interactions (in the case of dogs) with other dogs and / or with people; who maintains appropriate supervision to assure that state and local regulations are complied with (licensing, not allowing the dog to run free and protecting against circumstances that would endanger her life or health); and who has the greatest ability to financially support the animal.

One of those cases, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, No. 16 - 111, pits allegations of unlawful sexual - orientation discrimination against First Amendment values of free speech and free exercise of religion.

Following the earlier line of cases, the Court began by holding that the Citizenship Directive (Directive 2004/38) did not apply, since the Union citizens had not exercised their right of free movement and therefore did not fall under the notion of «beneficiary» of the Directive.

In the landmark — if decidedly laconic — Zambrano case, the Court held that the Colombian parents of two Belgian children — born and raised in Belgium and who had never exercised free movement rights — could not be denied residence and work permits where it would have the effect of depriving the Union citizens the genuine enjoyment of the substance of the rights conferred by their status as EU citizens.

The University did not challenge these conclusions on appeal, and, in any event, I agree with the chambers judge that the actions of the dean and the Review Committee in this case went too far to be considered a reasonable limit on the exercise of free expression.

Basically, this is to protect people who are exercising legal free speech and fair use rights from suffering legal burdens of fighting a case where the plaintiff alleges copyright or defamation charges against defendant when that is of extremely questionable grounds.

This includes settlement negotiations, TUPE cases and redundancy situations.In her free time, Linda enjoys travelling and attending spin exercise classes.

While injunctions against the enforcement of a State rate statute should not be granted by a Federal court except in a case reasonably free from doubt, the equity jurisdiction of the Federal court has been constantly exercised for such purpose.

See Bowen v. Roy, 476 U. S., at 706 - 707; id., at 705, n. 15; Yoder, 406 U. S., at 218; see also McDaniel v. Paty, 435 U. S., at 628, n. 8 (noting cases in which courts considered claims for exemptions from general criminal prohibitions, cases the Court thought were «illustrative of the general nature of free - exercise protections and the delicate balancing required by our decisions in [Sherbert and Yoder,] when an important state interest is shown»).

In case anyone is wondering why I kept my name anonymous — that's to exercise my right to free speech.

However, safety concerns were not sufficient to outweigh a Sikh student's right to wear a kirpan (ceremonial dagger) to school in the case of Multani c. Marguerite - Bourgeoys (Commission scolaire).31 In upholding the student's claim, the Supreme Court emphasized that religious tolerance is important in Canada and that measures that might infringe on religious adherents» beliefs ought to be tempered, to the extent possible, in order to accommodate the free exercise of those beliefs and religious practices.32