Topic: Are religious right protected by the constitution?
AdventureBegins's photo
Sun 05/13/07 11:05 PM
It came up in another thread that at least on person does not think the
Bill of Rights protects my right to practice the religion of my choice.

It was allso postulated that individual states can limit my right to
practice the religion of my choice as that is a state right and the
federal government is not allowed to interfere with the states.

THESE ARE NOT MY OPINIONS... I do not agree with either one of these
statements however I would like to know what other people think of this
subject.

singleanconfused's photo
Sun 05/13/07 11:49 PM
I believe that as long as your religous beliefs do not harm other
people, what you practise in your home or place of religion is entirely
up to you

lulu24's photo
Mon 05/14/07 04:36 AM
it's my understanding that animal sacrifice, for instance, is protected
under the constitution and that no state may pass any law that
circumvents this, such as making the killing of animals only legal in a
slaughterhouse.

Belushi's photo
Mon 05/14/07 04:48 AM
What about deflowering virgins?

'cos Im one ... available for deflowering any time your sister decides
she needs the practice! :heart:

lulu24's photo
Mon 05/14/07 04:50 AM
yes, dunc...you can be the altar...i'll bring her, and let her perform
atop you.

now how i'm going to convince her it's all a dream, i'm not quite
certain.

GaMail50's photo
Mon 05/14/07 07:36 AM

Amendment I
Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to
assemble, and to petition the government for a redress of grievances.


That seems pretty cut and dried to me.

no photo
Mon 05/14/07 09:00 AM
The first admendment is very clear on the subject, "Congress shall make
no law", but Article Ten states "The powers not delegated to the United
States by the Constitution, nor prohibited by it to the states, are
reserved to the states respectively, or to the people". Since the First
Admendment prevents Congress from making laws that prohibit the free
exercise of religion, but DOES NOT grant the right to free exercise of
religion, the Tenth Admendment gives the states the powers that are
denied the Congress in the first Admendment.

AdventureBegins's photo
Mon 05/14/07 09:47 AM
Within the bill of rights.

'Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof . . . .'

Article Six of the Constitution of the United States...
Clause Two of Article Six might have some bearing here.
Clause two provides that the Constitution, federal laws made pursuant to
it and treaties made under its authority, constitute the supreme law of
the land. It provides that state courts are bound by the supreme law; in
case of conflict between federal and state law, the federal law must be
upheld. Even state constitutions are subordinate to federal law.

From reading this I believe that any state that makes a law governing
religion or the practice of religion would find themselves to be in
violation of the Bill of Rights.

Should the state claim that the making of such a law was within the
realm of the ammendant regarding states rights that claim would be in
direct contravention of this Article.

no photo
Mon 05/14/07 10:08 AM
AdventureBegins,

You know what, you are right in a way. I was not aware that certain
parts of the Bill of Right have been incorporated, thus applying to all
the states as well. As written, the Bill of Rights / Constitution does
not apply to the States, but the Supreme Court has filed decisions that
enforce certain items in the Bill of Rights on he States.

AdventureBegins's photo
Mon 05/14/07 10:26 AM
Yeah but I have noticed lately a subtle erroding of the individual
rights by the feds themselves.

Kinda wondering if at some point they might completely remove or attempt
to remove them.

GaMail50's photo
Mon 05/14/07 11:26 AM
If they do I would expect them to do it by subtle erosion and
interpretation rather than a direct assault. JMO

Redykeulous's photo
Mon 05/14/07 07:54 PM
Amendment I
Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to
assemble, and to petition the government for a redress of grievances.

I did read the posts but I think there is a mistake in the thinking.
The first amendment simply states that there will be no Federal law that
upholds or faults any value or moral based on religion. It then goes
on to say it (the Federal Government) will not prohibit the free......
or the right of the people peaceably to assemble (this concept includes,
assembling for religious purposes). You see, there was much persecution
in the past of those who assembled for religious purposes, and some
states tried to pass laws that would disallow such assembly, but they
CAN NOT.

Tomokun's photo
Mon 05/14/07 10:06 PM
Hmmm, does the term "Freedom of Religion" ring a bell? This is why there
is a separation of Church and State. The constitution and the bill of
rights protect our Rights, so as long as our religions do not violate
the rights of others...it's all gravy baby.

Of course, there HAS been an eroding of individual rights...grumble