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55 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 ...
Nate Eldredge's user avatar
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)...
Alex C's user avatar
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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 ...
Wastrel's user avatar
  • 725
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 ...
DJClayworth's user avatar
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14 votes
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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 ...
user6726's user avatar
  • 215k
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 ...
user6726's user avatar
  • 215k
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 ...
user6726's user avatar
  • 215k
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 ...
bdb484's user avatar
  • 60.6k
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. ...
user6726's user avatar
  • 215k
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 ...
ohwilleke's user avatar
  • 220k
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 ...
ohwilleke's user avatar
  • 220k
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 ...
David Reed's user avatar
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 ...
ohwilleke's user avatar
  • 220k
5 votes

May my business notify Christians that we won't serve them?

I think you can declare that you won't paint artwork that promotes Christian principles. Since the Masterpiece Cakework ruling allows you to refuse these requests, you're simply saving customers the ...
Barmar's user avatar
  • 2,929
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 ...
Michael Hall's user avatar
  • 4,612
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 ...
hszmv's user avatar
  • 23k
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, ...
user6726's user avatar
  • 215k
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 ...
David Siegel's user avatar
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 ...
ohwilleke's user avatar
  • 220k
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 ...
against very long user names's user avatar
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 ...
user6726's user avatar
  • 215k
4 votes

May my business notify Christians that we won't serve them?

You can limit what expression you offer Under Masterpiece Cake v. CCRC and 303 Creative LLC v Elenis, you can limit your offers where you express something through your work. Under both cases, you ...
Trish's user avatar
  • 40.4k
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 ...
user6726's user avatar
  • 215k
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 ...
Kevin's user avatar
  • 4,769
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 ...
bdb484's user avatar
  • 60.6k
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 ...
Paul Johnson's user avatar
  • 13.6k
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. ...
user6726's user avatar
  • 215k
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,&...
Brian's user avatar
  • 1,645
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 ...
user6726's user avatar
  • 215k
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 ...
ohwilleke's user avatar
  • 220k

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