POS 110 Week 3 Assignment Civil Liberties and Civil Rights
POS 110 Week 3 Assignment Civil Liberties and Civil Rights
Popular in Course
verified elite notetaker
Popular in Department
This 6 page Study Guide was uploaded by kimwood Notetaker on Saturday November 7, 2015. The Study Guide belongs to a course at a university taught by a professor in Fall. Since its upload, it has received 23 views.
Reviews for POS 110 Week 3 Assignment Civil Liberties and Civil Rights
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 11/07/15
Freedom of Religion Roberta GauVin University of Phoenix Freedom of religion a right so important that the first amendment to the constitution guaranteed it Freedom is a right so significant that the framers of the constitution placed it before an individual right to keep and bear arms or to have a speedy trial Freedom is also a right completely taken for granted in this day and age Freedom of Religion is a person s right to form their own personal religious beliefs according to his or her own conscience and to help by expressing and teaching those beliefs Religious liberty differs from toleration in that toleration assumes preferential treatment of a particular creed by the state because it is an established church or is the predominant religion Encarta 2009 The United States was the first nation to include the principle of religious liberty into its basic laws The nations of the ancient times permitted tolerance to the individuals of minority religions provided they were involved in the public worship of the national gods After the protestant reformation this condemnation of nonconforming religious beliefs were continued by nations with established reformed churches and those who disagreed with the established church were punished Encarta 2009 The colonists immigrating to the New World brought with them the same doctrine of religious intolerance and in many of the American colonies dissent from the established order of worship was regarded as sedition The charter of Rhode Island granted in 1663 is notable for being the first to include a declaration of the right to religious liberty This doctrine gradually spread to the other colonies and at the time of the American Revolution the principle of religious liberty was explicitly adopted in various state constitutions The process culminated in the adoption of the US Constitution which in Article VI forbids the establishment of any religious test as a qualification for federal office and in the 1st Amendment forbids the passage of laws respecting the establishment of religion or prohibiting the free exercise thereof Encarta 2009 Religious intolerance is slowly seeping back into the way of life of Americans which is why this particular right was chosen It has become uncool to be religious or to follow the basic tenants of any religion Contemporary America is so concerned with living their life to the fullest that most people are not concerned with living justly or rightly and have begun to sneer at organized religion I am thankful for the first amendment that guarantees that the government of the United States cannot establish an official religion or to prevent it s citizenry from exercising their religion as they see fit The author fully supports this amendment to the constitution because of its importance in any freedom loving society Imagine the United States if it had adopted Christianity as its official religion and everyone had no choice but to be Christian Catholic or protestant It would arguably be better in some ways but it would it also lead to the official religion clashing with the unofficial religions It would lead to more discrimination which would have required another civil rights movement to correct it which would take decades to overcome Freedom and discrimination cannot coexist and inequality is the enemy of any democratic state The Supreme Court has been divided on the issue of exercising religious practices In its 1990 decision Employment Division v Smith the Court greatly narrowed a 35yearold constitutional doctrine that had required a government body to prove that it had an interest whenever a generally applicable law was found to infringe on a religious belief or practice Under current constitutional law as explained in the Smith ruling a government burden on a religious belief or practice requires little justification as long as the law in question is determined to be generally applicable and does not target a specific religion or religious practice The Court in 1993 clarified how these principles were to apply in Church of the Lukumi Babalu Aye v City of Hialeah In this case the Court closely analyzed a neutral and generally applicable law and determined that it was neither neutral nor generally applicable Since the law burdened a religious practice in this case the animal sacrifice ritual of the Santeria religion the government would have to demonstrate that it had a compelling interest in passing the law The Court would then strictly scrutinize the government s claims In Hialeah the government could not meet this burden and the law was stuck down Mullally 2009 In his article Living Religions Fisher discusses how truly different America would be if we were refused the right to exercise our religion as we see fit He argued that the secular progressives are trying their best limit the free exercise of religion to further an atheistic pure science and reason approach to life Fisher argues that it is their belief that religion is one of the biggest forms of government approved discrimination in that through its authorized practices it imposes its views on those around it Ironically their goal according to Fisher is to discriminate against religion in order to prevent discrimination 2005 There are many in this country that wish to limit public displays of any form of religion feeling that it discriminates Today there is an underground war on religion and it is most notable during the holiday seasons when religious holidays are specifically and purposefully not mentioned In this instance the government could not force retailers to use the term Christmas nor could they force retailers not to use the term Christmas It is up to the consumer to make the difference and support retail chains that support their views Those progressives that wish to ban public use of religious terms and displays have no grounding in the constitutional as was seen from the above reference to the Supreme Court ruling on Santeria This does not stop them from renewing attacks on religion around the holidays which is why the author supports legislation further extrapolating upon the free exercise of religion and making public ordinance concerning what can and cannot be limited by the progressives We have seen the historical foundation of freedom of religion and how it came to be in the United States It has been shown to be a fundamental right and essential to a democratic state Recent Supreme Court rulings have validated how protected it is however this has not stopped those from attacking it The constant attacks is why the author urges the reader to not take the fundamental right for granted and encourages everyone to get involved in order to protect your inalienable rights References Encarta 2009 January 1 Freedom of Religion retrieved March 13 2009 from MSN Encarta website httpencartamsncomencyclopedia76l736049Muhammadhtml Mullally C 2009 January 1 Overview retrieved March 14 2009 from the First Amendment Center website httpwwwfirstamendmentcenterorg Fisher M P 2005 Living Religions retrieved March 14 2009 from the University of Phoenix Library website httpsaXiaecampusphoeniXedu
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'