The First Amendment Defense Act can and should
protect the free exercise of religion without ignoring the freedom of speech, press and assembly for the non-observant as well as the devout.
On their surface, the latest batch of Religious Freedom Reformation Act (RFRA) laws, which have passed in 20 U.S. states, not including Arkansas, appear to
protect the free exercise of religion.
The Constitution, while prohibiting a religious establishment,
protects the free exercise of religion.
This means that excluding religious schools may violate not one but three separate constitutional provisions: the equal protection clause, the free exercise clause (which
protects the free exercise of religion), and the free speech clause.
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.»
After all, the first right
protected in the Bill
of Rights is the
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.
In a statement, Broglio's office said: «Archbishop Broglio and the Archdiocese stand firm in the belief, based on legal precedent, that such a directive from the Army (about not reading the letter) constituted a violation
of his Constitutionally -
protected right
of free speech and the
free exercise of religion, as well as those same rights
of all military chaplains and their congregants.»
On the other hand, as far as lies in your power, you are to
protect and support the
free exercise of religion of the country, and the undisturbed enjoyment
of the rights
of conscience in religious matters, with your utmost influence and authority.
They contend that the kirpans are religious symbols
protected by the First Amendment's clause on
free exercise of religion.
As I understand their argument, it is this: The Blaine amendments have the effect
of restricting the constitutionally
protected rights
of freedom
of speech and the
free exercise of religion protected in the 1st and 14th Amendments.
In particular, Gates refers to the First Amendment
of the United States Constitution, which
protects freedom
of speech, the right to peaceably assemble, and the
free exercise of religion.
In the narrower legal context, this Hayekian - Rawlsian debate usually manifests itself in arguments about whether the law should
protect «negative rights,» that is,
protect persons from government encroachment on their inalienable rights — like private property and
free exercise of religion, or whether the law should foster «positive rights,» that is, promote the rights
of people to receive tangible things like
free health care or housing under the auspices
of equal treatment under the law.
The proposition that section 2 (a) incorporates, to an unclear degree, both «
free exercise» and «anti-establishment» values in a unitary guarantee
of religious freedom can be supported by the language
of the text itself... the Charter is not restricted to
protecting only the
free exercise of religion, but «freedom
of...
religion» in a larger sense.
The Universal Declaration
of Human Rights similarly
protects only
free exercise and does not prohibit governments from having an established
religion.
Many countries have a freedom
of religion that
protects free exercise but does not have an establishment clause.