|
Real0ne -> RE: Court Rules: Atheism is a Religion (10/15/2011 7:41:17 AM)
|
quote:
ORIGINAL: GotSteel
quote:
ORIGINAL: DarthVaderOfLove
I guess what should first be determined is what constitutes a religion.
Yeah....I've got to agree with Spanish on this one. Last time I had a thread on atheism it went 50 pages without any resolution as to the definition of atheism. Not only would you have to get that solved, you also need to get a consensus of what religion and belief are to get anywhere in the squabble here. [sm=banghead.gif]
Its because people are trying to create new definitions that do not exist.
in the second post on page 17 I explain the whole sequence of events.
]A]Theos the root means *no God*
The court imo called it correctly
quote:
Atheism is, among other things, a school of thought that takes a position on religion, the existence and importance of a supreme being, and a code of ethics. As such, we are satisfied that it qualifies as Kaufman’s religion for purposes of the First Amendment claims he attempting to raise.
and I expanded it in several other posts to show how core belief as stated is religion.
This is from the judge bouviers law dictionary:
quote:
provides that" congress shall make no lawrespecting an establishment of religion, or prohibiting the free exercise thereof." See tory, Const. 1870; Miller, Const. 645. Congress cannot pass a law for the government of a territory which prohibits the free exercise of religion; 98 U. S. 162; religion is not defined in the constitution, its meaning there must be ascertained elsewhere.
Jefferson was the leader of the movement for placing this clause in the constitution; id. See 12 Hening's Stat. 84; 1 Jeff. Works 45,79; 2 id. 355; 8 id. 113.
This provision and that relating to religious tests (q. v.) are limitations upon the power of congress only ; Cooley, Const. 205; perhaps the fourteenth amendment may give additional securities if needful; id.
By establishment of religion is meant the setting up of a state church, or at least the conferring upon one church of special favors which are denied to others; 1 Tuck. Bla. Com. App. 296; 2 id. App. n. G. <--DomKen is having a bird with this one)
With the exception of these provisions, the preservation of religious liberty is left to the states. The various state guarantees have been summed up by Judge Cooley, who says that under American constitutions the following things are unlawful:
1. Any law respecting the establishment of religion.
2. Compulsory support by taxation or otherwise of religious instruction.
3. Compulsory attendance upon religious worship.
4. Restraints upon the free exercise of religion according to the dictates of conscience.
5. Restraints upon the expression of religious belief.
Const. Lim. 575.
ATHEIST. One who denies or does not believe in the existence of a God.
Such persons are, at common law, incapable of giving testimony under oath, and, therefore, incompetent witnesses. Bull. N. P. 392. See 1 Atk. Ch. 21; 2 Cow. 431, 433, n.; 5 Bias. 18; 13 Vt. 362; 17 111. 541. To render a witness competent, there must be superadded a belief that there will be a punishment for swearing falsely, either in world or the next; 14 Mass. 184; 1 Greenl. Ev. § 370; Tayl. Ev. 1175. See 7 Conn. 68; 18 Johns. 98; 17 Wend. 460; 2 W. & S. 262; 26 Pa. 274; 10 Ohio 121. The disability resulting from atheism has been wholly or partly removed in many of the states of the United States; 1 Greenl. Ev. § 369, n. See, generally, 1 Sm. L. Cas. 737.
BELIEF. Conviction of the mind, arising not from actual perception or knowledge, but by way or inference, or from evidence received or information derived from others.
Belief may evidently be stronger or weaker according to the weight of evidence adduced in favor of the proposition to which belief is granted or refused; 4 S. & R. 137;
You can have a strong of weak belief it does not change the fact that it is still a belief.
|
|
|
|
