Turf Wars
- November/December 1997
- November 1, 1997
We held in Smith that the Constitution's Free Exercise Clause "does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes)." The material that the dissent claims is at odds with
READ MOREIt was the most important and popular piece of religious liberty legislation since the First Amendment was ratified more than 200 years ago. It was suggested by the broadest coalition of religious groups ever assembled in the United States: Jews and Muslims, Buddhists and Baptists, Christian Scientists and Scientologists, Latter-day Saints and Seventh-day Adventists, and
READ MOREIt was bitterly cold in Massachusetts on Christmas Day in 1992, with temperatures plunging below zero. But neither the ice nor the Christmas season kept the faithful away from betting on their favorite greyhounds at the Raynham-Taunton Greyhound Park. George Carney, the track owner, had received permission from the state racing commission to open on
READ MOREThe historical evidence casts doubt on the Court's current interpretation of the Free Exercise Clause. The record instead reveals that its drafters and ratifiers more likely viewed the Free Exercise Clause as a guarantee that government may not unnecessarily hinder believers from freely practicing their religion, a position consistent with our pre-Smith jurisprudence. . .
READ MOREWhen the United States Supreme Court decided in 1992 that invocations and benedictions by a clergyman at a public high school graduation violated the Establishment Clause, Justice Antonin Scalia dissented, asserting: "Justice Holmes' aphorism that 'a page of history is worth a volume of logic . . . ,' applies with particular force to our
READ MOREWhat does religious liberty mean to me? Does it have any kind of significance in my life? In Paradise, California, how does freedom of religion shape my life? On one hand, being able to choose my religion means everything to me; on the other, sadly, it means almost nothing. Because I live in the United
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