Question 3. The First Amendment States That “Congress Shall

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Question 3 The First amendment states that “Congress shall pass no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech (U.S. Const. amend. I). The 14th amendment incorporates the free exercise of religious rights to the state, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (U.S. Const. ament. XVI). States may provide more protection than is guaranteed by the Bill of Rights, but they may not provide less. Under the Free…show more content…
Government could exist only in name under such circumstances.” (Reynolds, 98 U.S. 145,167). The Reynolds court also placed a grave emphasis on a quote Thomas Jefferson wrote, “[b]elieving with you that religion is a matter which lies solely between man and his God; …the legislative powers of the government reach actions only, and not opinions” (1671). The enforced the criminal prosecution against Reynolds because they believed they could regulate action even if they could not interfere with belief or opinion. During the 1970s the court reviewed the constitutionality of compelled exemptions for religiously motivated conduct (1673). In Wisconsin v. Yoder the Court held that there was an important state interest in universal education but the law to compel students to go to school infringed on the free exercised rights. Chief Justice Burger, “lauded the virtues of the Amish and their social practices. In Employment Division v. Smith, the Court held that the use of peyote for religious purposes does not protect the persons from a denial of unemployment benefits. Justice Scalia stated, “We have never held that an individual’s religious beliefs excuse him from compliance with an otherwise valid law prohibiting conduct that the State is free to regulate” (1676). In Obergefell v. Hodges, two men, Arthur and John, travelled from Ohio to Maryland, where same-sex marriage was legal, to get married before Arthur who was sick died. Arthur died shortly after and

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