C8 wrote:The first amendment has two parts related to religion:
1. The Federal Govt. can't establish an official religion (the Establishment Clause)
2. The Federal Govt. can't interfere with the free expression/practice of religion (The Free Exercise Clause)
The 14th amendment incorporated these protections into state government actions
Like all rights, there are limits created by the rights of others and essential govt. interests (such as internal order, national security, safety, etc.) No right is absolute and differing opinions can see the same action in differing ways.
In part of Minnesota, the call to prayer for Muslims is broadcast on loud speakers in some neighborhoods- is that free exercise or does the allowed violation of noise ordinances by city govt. create an establishment of a favored religion? If a church bell is allowed to ring- is that a broadcast of faith? Many issues are very complicated.
Good points.
There is an old quote from a Supreme Court justice hat points to a similar dilemma. “I can not define pornography but ai know it when I see it.”
This could also apply to banning assault STYLE rifles since we can not come up with a functional definition beyond what is already effectively banned.
Thorny issues indeed.
It does strike me that many folks really have no idea of how the SC works. They can not invent topics to rule upon, they can only rule on matters brought forward. They have discretion in which cases they choose. Recently they said that one case was a bad one to pick and did not rule.
I have for decades read, from both sides, Roe was a poor ruling that was built on a weak argument. The SC did not remove protections, but said those protections reside with the state to decide.
I would like to see abortion tested as a matter of faith. One could challenge an abortion ban as enforcing an article of faith. They may well rule it is an act based upon religious beliefs and outside the limits of state authority.
It seems this has never been tested, but I could he wrong.