57
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 ...
- 31.1k
53
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)...
- 742
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 ...
- 765
23
votes
Accepted
Discrimination on the grounds of unsavoury religious beliefs?
What constitutes a belief for the purpose of being a protected characteristic under Section 4 of the Equality Act 2010 was examined in Grainger plc v Nicholson [2010] IRLR 4.
There are 5 criteria ...
- 10.3k
19
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 ...
- 2,014
14
votes
Accepted
Are Satanists legal in the US?
There is no such law in the US, although there many laws prohibiting specific forms of harm, for example laws against murder, theft, assault, arson. All laws are predicated on the idea that an illegal ...
- 217k
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 ...
- 217k
10
votes
May my business notify Christians that we won't serve them?
Probably not. The impediment is the claim that you have a genuinely held religious belief. Changing the context a tiny bit, your employer is statutorily required to make an accommodation for the ...
- 217k
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 ...
- 61.8k
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. ...
- 217k
9
votes
Are Satanists legal in the US?
The United States has two main (and perfectly legal) branches of Satanism: LaVeyan Satanism which dates to about the 1966, and the Satanic Temple founded in 2012. The Satanic Temple has Satanic images ...
- 240k
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 ...
- 240k
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 ...
- 887
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 ...
- 240k
6
votes
Discrimination on the grounds of unsavoury religious beliefs?
Answering strictly the question title: Beliefs enjoy wide protection; expressing them in language or even deed may infringe on the rights of others and is therefore more restricted. For example, "...
- 6,538
5
votes
May my business notify Christians that we won't serve them?
You can limit what expression you offer
Under Masterpiece Cake v. CCRC, it was denied to even look at the question of if the state could force someone as they used procedural deficiencies to reverse ...
- 45.2k
5
votes
Can cases against religious scriptures be filed under blasphemy?
The first amendment of the US Constitution states:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or ...
- 4,931
4
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 ...
- 23.2k
4
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, ...
- 217k
4
votes
Are Satanists legal in the US?
As another answer has said, in the US people have a protected right under the federal First Amendment, to hold and practice what ever religious views they choose. This includes members of the Church ...
- 115k
4
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 ...
- 240k
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 ...
- 3,785
4
votes
Accepted
Does implied consent protect an organization's ability to discipline former members?
In Guinn v. Church of Christ, plaintiff withdrew from the church after an internal investigation of her conduct. The church apparently held as a matter of religious doctrine that she must repent of ...
- 217k
4
votes
Accepted
Does freedom of religion extend to witchcraft?
Actually, there is not a government kill list, that is just a meme. The First Amendment says (starts) "Congress shall make no law respecting an establishment of religion, or prohibiting the free ...
- 217k
4
votes
Is it legal to openly pray for divine judgment on a person, if threatening to do the actions oneself would be illegal?
united-states
It is very unlikely that Alice has any cognizable cause of action against Bob.
Before going any further, we should acknowledge that the First Amendment provides similar protections in ...
- 5,697
3
votes
Accepted
Is there a line that excludes preaching religious murders from first amendment protection?
As edited, this asks two different questions:
Is it legal to have a religious belief that killing mutants is a moral necessity?
Is it legal to preach a religious belief that killing mutants is a ...
- 61.8k
3
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 ...
- 14k
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. ...
- 217k
3
votes
Is it legal to openly pray for divine judgment on a person, if threatening to do the actions oneself would be illegal?
What if Bob instead openly prays to a deity which he believes can and
does answer prayers, (I don't expect which deity he prays to will be
relevant in most jurisdictions), "Please kill Alice,&...
- 1,653
Only top scored, non community-wiki answers of a minimum length are eligible