54 votes

How does NC's atheism prohibition fit with the 1st Amendment of the US Constitution?

In Torcaso v. Watkins, 367 U.S. 488 (1961), the US Supreme Court ruled unanimously that a similar provision in Maryland's constitution violated the First Amendment and could not be enforced. So ...
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51 votes
Accepted

Does the first amendment protect children forced to receive a religious education?

It's less that the first amendment does not apply to minors and more that the first amendment does not apply to the parents' conduct. The first amendment to the U.S. constitution reads (emphasis added)...
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  • 702
25 votes

How does NC's atheism prohibition fit with the 1st Amendment of the US Constitution?

Not that the freedom of religion clause of the First Amendment of the US Constitution isn't relevant, but North Carolina's Article VI seems to contradict explicitly Article VI, Clause 3 of the US ...
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  • 521
18 votes

How does NC's atheism prohibition fit with the 1st Amendment of the US Constitution?

Why was the constitution not changed? Probably because there were enough politicians who didn't want to be labelled as someone who allowed atheists to take office. It doesn't matter that atheists were ...
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  • 1,671
14 votes

Is there any judicial precedent regarding US governors' power (or lack thereof) to limit church attendance in an emergency?

The main relevant bit of constitutional law is Employment Division v. Smith, 494 U.S. 872, where it was held that a general law against use of peyote does not violate the Free Exercise clause, though ...
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  • 165k
10 votes

Given the US Constitution's 1st Amendment freedom of religion, how can current pandemic restrictions on worship be legal?

The First Amendment is never interpreted as a complete prohibition against laws that could affect a religion, nor is it interpreted to mean that you can say or write anything whatsoever that you want. ...
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  • 165k
10 votes
Accepted

Can a church-run university terminate employees because of their religion?

It depends on whether Alice is a "minister." This case plays on the tension between employment-discrimination laws that prohibit discrimination on the basis of religion, and the First ...
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  • 45.3k
8 votes

How does NC's atheism prohibition fit with the 1st Amendment of the US Constitution?

No court case or official regulation or attorney general's opinion has specifically held that the North Carolina provision is unconstitutional because it conflicts with Article VI, Clause 3 of the US ...
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  • 140k
7 votes

Is there any judicial precedent regarding US governors' power (or lack thereof) to limit church attendance in an emergency?

In the geographic domain overseen by 5th Circuit Court of Appeals the answer is (likely) yes. They have just temporarily upheld the abortion provisions of the Texas Governor's COVID order (In re ...
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6 votes

Is it possible to be awarded damages in a First Amendment case?

In a civil rights action in which someone prevails (which is by no means certain in this case, but not impossible either), there is at a minimum an award of nominal damages (i.e. $1) and the ...
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  • 140k
4 votes

Is there any judicial precedent regarding US governors' power (or lack thereof) to limit church attendance in an emergency?

Well, there was another recent case: In Maryville Baptist Church, Inc. v. Beshear, (WD KY, April 18, 2020), a Kentucky federal district court refused a request by a church and its pastor to issue a ...
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  • 2,829
3 votes

Is this grounds for Child Protection Services

The test for child abuse is a broadly worded "standard" that is applied in the discretion of the judge or jury, as the case may be, on a case by case basis. But, it is very unlikely that ...
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  • 140k
3 votes

Does Norway's new "LGBTQ+ Hate Speech" outlaw reading parts of religious texts in churches / mosques?

It appears that the current law protecting gay and lesbian individuals from hate speech has been extended to cover those who are Bi and Transsexual. It is not adding additional restrictions to the ...
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  • 17.1k
3 votes

Does Norway's new "LGBTQ+ Hate Speech" outlaw reading parts of religious texts in churches / mosques?

Probably not. I can't find the new text, but the existing law was probably just amended with a new category: "hate speech" based on race, religion, disability and "homosexual leanings, ...
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  • 165k
3 votes

Is It Legal to Mention “The Creator” in U.S. Public Schools?

It is legal. What would be illegal is for a public school to promote or inhibit a religion. You can teach all sorts of facts that touch on religion (millennia of Western history) and you can e.g. ...
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  • 165k
2 votes
Accepted

Does Article 1 Section 3 of the Oregon Constitution give taxpayers the right to prevent their taxes from being used to fund abortion?

In US v. Lee, 455 U.S. 252, the Supreme Court held that While there is a conflict between the Amish faith and the obligations imposed by the social security system, not all burdens on religion are ...
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  • 165k
2 votes
Accepted

Starting a new religion in India

Does the constitution of India allows starting a brand new religion? Yes. Indeed, brand new religions have been started in India since it was enacted. See, e.g., Dinkoism and an academic journal ...
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  • 140k
2 votes

Given the US Constitution's 1st Amendment freedom of religion, how can current pandemic restrictions on worship be legal?

It depends on what else is restricted. As a rule, a blanket ban on gatherings, whether religious or not, is constitutional. A ban on specifically religious gatherings is not. This has been a ...
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  • 12.2k
1 vote
Accepted

Is it legal to leave religious tracts in public places?

It is legal, and it is illegal given the First Amendment to prohibit distribution of viewpoint literature in a "public place", if you mean "on government property". There are a few ...
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  • 165k

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