The Court's logic seems to be that it is permissible to
infringe upon the exercise of a constitutionally guaranteed right, so long as such infringement does not prevent the exercise of that right altogether.
Not exact matches
Because belief empowered and shaped political life, they granted all religions the right of free
exercise, and knowing the human desire to dominate, they courageously insisted that government not
infringe upon religious life.
In 1972, the Supreme Court declared in Wisconsin v. Yoder that the state violates free -
exercise rights if it
infringes upon a sincerely held religious practice in such a way as to affect its
exercise.
But we also recognize the right and necessity for the state to limit freedom when its
exercise harms other people,
infringes upon their rights, or offends accepted moral principles.
Simcha Goldman, an Orthodox Jew and ordained rabbi serving as a clinical psychologist in an Air Force hospital, wore a yarmulke at all times and contended that an Air Force dress code regulation which forbade the wearing of «headgear» (such as a yarmulke) while indoors
infringed upon his First Amendment right to free
exercise of his religious belief.
This concern has derived, in part, from the growing recognition that the triumph of strict separationism as a legal doctrine, with its promise to expunge all religious symbols from the public arena, may actually
infringe upon the free
exercise of religion cherished by American Jews.
Disallowing this does not only breach with long - established custom in academic publishing, but also
infringes upon my ability to preserve my reputation, including by making it potentially impossible to
exercise my right to obtain and adduce evidence against libel charges.
Typical, a judge can be informed in
exercising discretion afforded by secular law by an overall religious worldview without
infringing upon freedom of religion (e.g. in judging what sentence within a range should be imposed) but may not cite to religious sources as authority for that decision.