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Real0ne -> RE: Are cakes art? (9/24/2017 10:01:33 PM)
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ORIGINAL: Made2Obey
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ORIGINAL: tamaka
No but each person could establish their own religion for his/her own beliefs so.... what we are really discussing underneath the guise of 'religion' is individuals' rights to have their own conscience and not be forced to act against themself/their conscience.
There are certain conditions that must be met for a religion to be legally recognized by the courts. I can't recall them off the top of my head, but there are things like needing a minimum membership count, and there has to be some form of formal record that lays out the principles and beliefs of your faith.
So I couldn't just decide that I belonged to the "Fire Ants Are God" religion all by myself and then claim that I couldn't provide a wedding cake for a same sex marriage because fire ants don't believe in anything but straight wedding cakes.
However I could if I could show, say a dozen other believers, and a Fire Ant bible, and maybe a record of church meetings over a period of time to show that this was a legitimate faith.
You can make up your own religion, but if you want to use it as an excuse in court there are conditions to be met.
The First Amendment to the U.S. Constitution provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The first part of this provision is known as the Establishment Clause, and the second part is known as the Free Exercise Clause. Although the First Amendment only refers to Congress, the U.S. Supreme Court has held that the Fourteenth Amendment makes the Free Exercise and Establishment Clauses also binding on states (Cantwell v. Connecticut, 310 U.S. 296, 60 S. Ct. 900, 84 L. Ed. 1213 [1940], and Everson v. Board of Education, 330 U.S. 1, 67 S. Ct. 504, 91 L. Ed. 711 [1947], respectively). Since that incorporation, an extensive body of law has developed in the United States around both the Establishment Clause and the Free Exercise Clause.To determine whether an action of the federal or state government infringes upon a person's right to freedom of religion, the court must decide what qualifies as religion or religious activities for purposes of the First Amendment. The Supreme Court has interpreted religion to mean a sincere and meaningful belief that occupies in the life of its possessor a place parallel to the place held by God in the lives of other persons. The religion or religious concept need not include belief in the existence of God or a supreme being to be within the scope of the First Amendment.
As the case of United States v. Ballard, 322 U.S. 78, 64 S. Ct. 882, 88 L. Ed. 1148 (1944), demonstrates, the Supreme Court must look to the sincerity of a person's beliefs to help decide if those beliefs constitute a religion that deserves constitutional protection. The Ballard case involved the conviction of organizers of the I Am movement on grounds that they defrauded people by falsely representing that their members had supernatural powers to heal people with incurable illnesses. The Supreme Court held that the jury, in determining the line between the free exercise of religion and the punishable offense of obtaining property under False Pretenses, should not decide whether the claims of the I Am members were actually true, only whether the members honestly believed them to be true, thus qualifying the group as a religion under the Supreme Court's broad definition.
In addition, a belief does not need to be stated in traditional terms to fall within First Amendment protection. For example, Scientology—a system of beliefs that a human being is essentially a free and immortal spirit who merely inhabits a body—does not propound the existence of a supreme being, but it qualifies as a religion under the broad definition propounded by the Supreme Court. The Supreme Court has deliberately avoided establishing an exact or a narrow definition of religion because freedom of religion is a dynamic guarantee that was written in a manner to ensure flexibility and responsiveness to the passage of time and the development of the United States. Thus, religion is not limited to traditional denominations.
The First Amendment guarantee of freedom of religion has deeply rooted historical significance. Many of the colonists who founded the United States came to this continent to escape religious persecution and government oppression. This country's founders advocated religious freedom and sought to prevent any one religion or group of religious organizations from dominating the government or imposing its will or beliefs on society as a whole. The revolutionary philosophy encompassed the principle that the interests of society are best served if individuals are free to form their own opinions and beliefs.
When the colonies and states were first established, however, most declared a particular religion to be the religion of that region. But, by the end of the American Revolution, most state-supported churches had been disestablished, with the exceptions of the state churches of Connecticut and Massachusetts, which were disestablished in 1818 and 1833, respectively. Still, religion was undoubtedly an important element in the lives of the American colonists, and U.S. culture remains greatly influenced by religion.
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