This page was created by Patrick Brown,
a Web-based Master's Degree student in the Department
of Criminal
Justice,
New
Mexico State University. This web page was
submitted in August 2003 as partial fullfillment of
the requirements
of CJ 532, Civil Liberties
in Criminal
Justice.
Introduction
Free
exercise of religion is protected by the First Amendment
from intentional limits by the government.
The First Amendment says, “Congress shall make no law respecting
an establishment of religion or prohibiting the free exercise
thereof.” The establishment clause prohibits the sponsorship
or favoring of any religion causing the government to be
neutral. The free exercise clause prohibits interference
with religion, beliefs or practices. The clauses sometimes
contradict each other or one may violate the other.
Belief
is the only true constitutional freedom. It causes no
governmental interference since there
is no action to prosecute. “However, the free exercise
of religion is absolute only in terms of belief. There
is no total freedom concerning action. While belief cannot
be established by law, action can be limited by law” (Garman).
Government does have authority to uphold law and order.
“The government may not single out
religion or a particular religion for the imposition of
special burdens unless the government has decided that
it is the least restrictive means of furthering a compelling
governmental interest. The same compelling interest test
applies under the First Amendment when the government inadvertently
encroaches on religious exercise through neutral and generally
applicable laws but results in substantial burdening of
religious exercise” (peo7).
The Non-Establishment Clause promotes
religious freedom in the United States by limiting the
influence of federal, state, and local governments on religious
thought and practice, whether the influence originates
in the legislative, executive, or judicial branch of government.
This clause recognizes the right of an individual or group
to be free from laws and governmental decisions that aid
one religion, aid all religions, or prefer one religion
to another (peo7).
The following links provide more definition
and show the intent of free exercise of religion.
http://www.sunnetworks.net/~ggarman/exercise.html
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/freeexercise.htm
http://earlyamerica.com/review/fall98/original.html
Religious Beliefs
Religious beliefs can contradict with
what the government mandates for the best interest of the
public and the nation. Free exercise of religion is used
to avoid the governmental requirements of the public. Religion
can be enabled as a venue to avoid the requirements. The
following links show some religious beliefs and practices
threatened or forbidden by law.
The following link highlights the
concerns of child immunization mandated by states and the
conflict
of religious
beliefs
that forbid immunizations.
http://goodlight.net/bodyofgod/backgrnd.htm
Vaccination
law requires that to obtain a religious exemption the citizen
must be a member of a bona fide religion that forbids the
procedures. This site shows how religion can be used to
promote anti-vaccination.
http://www.goodlight.net/nyvic/law/nystate.htm
Explores
the conflict between religious speech and harassment and
when the speech can be sanctioned.
http://www1.law.ucla.edu/~volokh/harass/breadth.htm#RELIGION
An
essay that presents David Koresh and the Branch Davidians
beliefs with the governmental interest with Koresh’s arsenal.
http://www.cwrl.utexas.edu/~lorins/rhe309/Writing%20War/Enemypapers/scott.htm
Religious Exemptions
Religious
exemptions have clashed with governmental laws at times.
The areas of child health
requirements and taxes are seen as a sin in some religions.
The government has felt that governmental actions are not
a violation of free exercise rights but religions feel
otherwise. The constitutional guarantees of freedom of
religion do not sanction harming another person in the
practice of one’s religion, and they do not allow religion
to be a legal defense when one harms another.
This link explores the aspects of
religious freedom and the concerns of medical neglect and
child abuse.
http://www.cirp.org/library/ethics/AAP2/
Investigates
the areas where religion is used to be exempt from taxes.
http://www.firstamendmentcenter.org/rel_liberty/establishment/topic.aspx?topic=tax_exemptions
Debates
whether religious groups can participate in political campaigns
if they are exempt from taxes.
http://atheism.about.com/library/decisions/tax/bldec_BranchMinistries.htm
Military Pacifism
An
article that explains how pacifism, the tradition of
refusing military service and religion are used to avoid
military service.
http://www.pbs.org/itvs/thegoodwar/american_pacifism.html
Explains
the different forms of objection towards war, refusal
of military service, draft dodging, pay war taxes, and
contribute resources for war effort in political and
religious reasons.
http://college.hmco.com/history/readerscomp/rcah/html/rc_019400_conscientiou.htm
Explains
how pacifism and religious ideas are presented towards
conflict. This site also has many links that explain
the different areas described.
http://www.wikipedia.org/wiki/Pacifism
References
Garman FREE EXERCISE OF RELIGION
- http://www.sunnetworks.net/~ggarman/exercise.html
http://www.peo7.com/htmFiles/Substance415.htm |
