Law and Court Decisions on Religion
Interesting reading
(If you know of other cases that should be listed, please send
an email to let me know.)
The First Amendment to the Constitution of the
United States
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.
Court Decisions at religiousfreedom.lib.virginia.edu/court
Profiles of major Supreme Court decisions that have shaped the definition of religious liberty in America, organized into the categories of Government Intervention, Free Exercise of Religion, and Establishment of Religion. They contain a brief summary of the cases and the significance of the decisions. Some are listed below.
U.S. v. Ballard - 322 U.S. 78 (1944)
religiousfreedom.lib.virginia.edu/court/us_v_ball.html
This decision prevented juries from considering whether a person's religious beliefs were true. So long as the person accepted them in good faith, it is improper for the state to attempt to determine they are logical.
Presbyterian Church v. Hull Church -
393 U.S. 440 (1969) religiousfreedom.lib.virginia.edu/court/pres_v_hull.html
The Supreme Court ruled it unconstitutional for courts to make decisions regarding which beliefs were essential to a religious group.
United States v. Seeger -
380 U.S. 163 (1965) religiousfreedom.lib.virginia.edu/court/us_v_seeg.html
This decision establishes an expansive definition of what constitutes religious-type beliefs. Provided that the belief is not strictly personal and the person claims that the beliefs serve the same function as a traditional religious belief, the state should recognize its validity. As a result, when applying for status as a conscientious objector, believers in nontraditional variances of monotheism are offered the same rights as people of traditional faiths.
New York's Wexler Decision
nyvic.org/nyvic/law/wexler
Until 1987 New York's law requiring vaccination of school-aged children provided a religious exemption only to "bona fide members of a recognized religious organization," but in that year a United States district judge ruled that limiting the exemption in this manner was unconstitutional.
Torcaso v. Watkins - 367 U.S. 488 (1961) religiousfreedom.lib.virginia.edu/court/torc_v_watk.html
laws.findlaw.com/us/367/488.html
Facts of the Case: Torcaso was denied his appointment to Notary Public on Maryland because he refused to declare his belief in God. Article 37 of Maryland’s Declaration of Rights states “[N]o religious test ought ever to be required as a qualification for any office of profit or trust in this State, other than a declaration of belief in the existence of God .. ." Torcaso sued because he felt the test unfairly penalized him for not believing in God.
HR Guide to the Internet hr-guide.com/data/G714.htm
EEO (Equal Employment Opportunity): Protected Classes
Protected Classes Title VII prohibits discrimination on account of:
4.Religion The term "religion" includes "all aspects of religious observance and practice, as well as belief." 42 U.S.C. § 2000e-(j). The EEOC Guidelines state that protected religious practices "include moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views." 29 C.F.R. § 1605.1.
The National Vaccine Information Center site has an excellent graphic which shows at a glance what exemptions each state allows.
[Code of Federal Regulations]
[Title 29, Volume 4, Parts 900 to 1899]
[Revised as of July 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1605.1]
[Page 192]
TITLE 29--LABOR
PART 1605--GUIDELINES ON DISCRIMINATION BECAUSE OF RELIGION--Table of Contents
Sec. 1605.1 ``Religious'' nature of a practice or belief.
In most cases whether or not a practice or belief is religious is not at issue. However, in those cases in which the issue does exist, the Commission will define religious practices to include moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views. This standard was developed in United States v.
Seeger, 380 U.S. 163 (1965) and Welsh v. United States, 398 U.S. 333 (1970). The Commission has consistently applied this standard in its decisions. The fact that no religious group espouses such beliefs or the fact that the religious group to which the individual professes to belong may not accept such belief will not determine whether the belief is a religious belief of the employee or prospective employee. The phrase ``religious practice'' as used in these Guidelines includes both religious observances and practices, as stated in section 701(j), 42
U.S.C. 2000e(j).
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