Believers shouldn't have to sacrifice rights
Article Abstract:
Henry Holzer analyzes too superficially the issue of which cultic acts should be constitutionally protected. The real issue is the proximity of the cultic practice to the act of salvation for the members of a sect. The animal sacrifice at issue in the Santeria case probably is close to the act of salvation for people of that faith, just like drinking wine during the Eucharist was for Catholics in the Prohibition era. The state must show that its interests are more important than the risk of civil unrest by cult members who feel compelled to disobey the courts.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Now states act as champions for religion
Article Abstract:
State courts and legislatures are moving to protect freedom of religion after the Supreme Court's 1990 ruling in Employment Division, Department of Human Resources of Oregon v Smith. The Court ruled laws which regulate conduct but do not specify religious practice are no longer subject to a balancing test. Smith has resulted in several rulings against free exercise of religion claims in lower federal and state courts. Now Congress and some state courts and legislatures are attempting to establish more explicitly citizens' religious rights.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Pride goeth behind a horse; defending Amish who spurn symbol
Article Abstract:
A suit by a Pennsylvania Amish group who maintained that the symbol denoting slow-moving traffic required on the back of their buggies conflicted with their religious beliefs is discussed. The suit claims the symbol violates Art 1 Sec 3 of the Pennsylvania Constitution.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
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