By SN
Thursday January 17, 2008
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Washington Post – January 16, 2008:
Juashaunna Kelly, the Theodore Roosevelt High School senior track star who was disqualified from Saturday’s Montgomery Invitational for wearing a noncompliant uniform, wore the same unitard yesterday and set three personal records at the D.C. Interscholastic Athletic Association Invitational at the Prince George’s Sports & Learning Complex in Landover.
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Kelly, a devout Muslim, has worn the same uniform for two years, a single piece of spandex that includes a hood and covers her torso, arms and legs in accordance with her religious beliefs.
Other track coaches have questioned the Montgomery County meet director’s ruling, saying it was a not a violation worth arguing.
“It was not giving anyone an advantage,” said Marvin Parker, the girls’ track and field coach at Dunbar. “I don’t think any coach would have a problem with that kid running. It’s not that serious. There’s an exception to every rule.”
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Stupid. If she wants to wear a uniform that gives her a competetive diadvantage, let her. I find it odd that it was fine for 2 years, and is now “noncompliant”.
How crap.
If someone can leagally compete (and win gold) in the olympics wearing this http://tinyurl.com/2ofvcv then this girls uniform shouldn’t be a problem
Carving out exceptions to the rules for Muslims encourages more of the same bullshit.
In the words of that great lawman Barney Fife, “You gotta nip it in the bud.”
Them letting it go for so long creates a problem, though.
From that picture it looks like she should register with the Ministry of Silly Walks
This incident just goes to show that today’s students face problems with jackasses for leaders among many other obstacles.
This is a tempest in a teapot. Let the girl run!
Her performance results seem a little steroidy, hideous outfit or what. This is the land of freedom so why would anybody who wants to live by draconian dress codes and woman-hating values even want to be here?
#4, I have to agree with you in a way, but what exception are we making here, allowing a runner to choose a disadvantageous uniform based on her beliefs? Mind you, I’m no Muslim. I have some serious problems with what I have read in the Qur’an based on my beliefs, but it’s not like we’re making an exception to allow them to legally kill Jews based on some interpretation of jihad. We have made minor exceptions for just about every religious group out there and it hasn’t hurt our country. After all, our bill or rights protects us from government infringement of our religion. So unless you want to abolish our freedom of religion, I think your argument doesn’t apply to this exception.
More distractions for sheep to squawk about…
Divide and conquer.
The only comment I have on dress codes is if a company or organization have a stated dress code that does not allow for religious dress one has the choice to conform or not work / belong to that company / organization – period.
Point being if someone who is NOT a Muslim travels to a Muslim country they are fully expected to conform the Muslim dress codes – PERIOD!
Therefore in all fairness the reverse must also be true for Muslims in a non Muslim county having to conform to customs and dress codes which they may be subject to in various instances such as for work or sport. Its the price one must pay to live in a democratic country.
We expend far too much energy making the world a ‘perfect place’ and its not. We Americans live in a democratic society which means the majority decides the manner of its society. Isn’t this principle what soldiers die for in defense of?
I would not like to see creation taught in schools or a southern Baptist Preacher as President and the US turned into a Christian Iran however if that is what the majority of Americans want then I must defend that democratic choice.
You cannot have it both ways a democratic society ignoring the majority in preference to the minority – it is a sham. If one is offended by what the majority dictates then it is their choice to either leave or change their attitude. So Merry Christmas because 75% of the US are Christians and Happy Idel Fitri for all the Muslim countries. 😉
Cheers
#4 – Carving out exceptions to the rules for Muslims encourages more of the same bullshit.
This is not about exceptions for Muslims. In fact, it’s the exact opposite. You can damn sure that if Holy Roller Bible Thumpers had a tradition of wearing something silly, no one would say boo about it. This is about ensuring everybody’s religious freedom.
#6 – This incident just goes to show that today’s students face problems with jackasses for leaders among many other obstacles.
Today’s students… and most of the rest of us too, sadly.
This was just a plant from another coach who got tired of seeing her kick ass in meets and has found something to use against her. He probably made an anonymous complaint then joined the other coaches in saying he had no problem with it.
#11–Thiz==its taken about a month for you take make another bad post.
Muslim culture is not the measure of rights in the GOUSA. The Constitution is.
The only sad thing about this story is that there are so few ways America can show the world that we are a better place. Reasonable accommodation for views we don’t like is a indicator of true freedom and liberty.
Treat the girl right, and she becomes an engine of change within the Muslim religion. Treat her as the Muslims do, and you just get a hardened enemy.
Tihz, you’re wrong. Most (with obvious exceptions) Muslim countries allow women to dress as they please, which goes even more so for foreign women. That beiong said, assuming that rules in this country must be created on a ‘tit for tat’ basis is pretty playground, don’t you think? I prefer the grownups’ table…
No one is (at least I’m not) talking about depriving anyone of rights. She was/is voluntarily taking part in an organized sporting event, the rules applicable to which are known to all beforehand. And as far as that goes, I DID mention that the organizers’ inconsistency in this case creates a problem…
If your “religion” mandates that you wear certain attire and you then decide to participate in organized activities that do not permit such attire, the problem is yours and yours alone. Follow the rules like everyone else – or stay home.
America is a country of hypocrites.
The same person that is banning the outfit while disregarding religious necessity is probably very quick to use religious imperatives to define marriage, morality, freedom of assembly, etc.
As long as the student isn’t running like a Congressman from the law, the “reasonableness” test should, and eventually probably will, be applied and this rule modified. In this case, I’d bet a fair amount of cash that the complaint was made for purely competitive reasons by the sort of person that is all too common in organized sports.
In the meantime, let’s all pat ourselves on the back and remind ourselves that we’re a nation of laws.
#12, “You can damn sure that if Holy Roller Bible Thumpers had a tradition of wearing something silly, no one would say boo about it. ”
Right you are! Specifically, clothes of any kind, except maybe shoes and socks, for running, in warm weather doesn’t make much sense. Unless you have a religious predisposition to consider the human body obscene.
But I have to go with the school on this one. It is an optional activity. It requires a certain form of dress. Get with the program or sit it out!
#16 – She was/is voluntarily taking part in an organized sporting event,
Hosted by a public school, at which attendance is compulsory, which is committed to an ethic of equal opportunity.
the rules applicable to which are known to all beforehand.
Rules which are intended to ensure no participant has an unfair advantage, and which were written by Christians who did not forsee in advance the need to accommodate a non-Christian runner.
Now,,, before anyone gets all ruffled… the point in identifying the likely faith of the rulemakers is to point out that they were likely too culturecentric (a word I just made up) to anticipate the need for a religious exception to the rules.
And as far as that goes, I DID mention that the organizers’ inconsistency in this case creates a problem…
It does, but it isn’t relevant because this is a First Amendment issue.
If your “religion” mandates that you wear certain attire and you then decide to participate in organized activities that do not permit such attire, the problem is yours and yours alone. Follow the rules like everyone else – or stay home.
No. The problem is the school, an agent of the government, whose attendance is compulsory, who is breaking a fundamental law of the land. In not making an amazingly reasonable allowance for this girl’s religion, they are essential favoring another religion, or maybe I could use the word, “establishing”.
Uh, Dave? You never got you ‘nads caught between your legs while running, eh? Injuns wore breech clouts for a reason. (Ooooo, that hurts.)
The “Silly walks”: Stretching and warming up. Check the two behind.
The only problem I can see is the outfit does not match up to the “single color” requirement. I wonder why they did not say that instead of all the other foolishness?
#11 – TIHZ_HO – Point being if someone who is NOT a Muslim travels to a Muslim country they are fully expected to conform the Muslim dress codes – PERIOD!
Not really, women from non-Islamic countries doesn’t need to conform to Islamic dress codes in for instance Marocco, Egypt and Malaysia.
#14 – bobbo
Good post. Fully agree.
#4, Three Headed Moran,
Once again you show your lack of insight.
The First Amendment, the government shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof .
The Supreme Court has held in several cases that unless it can be shown that the infringement of religion by government can be justified for the good of society, the government may not interfere or impose restrictions. Since the restrictions on this young lady can not be justified as being good for society, the school is stepping over the line.
Because the “organized event” is a public function, supported through our tax dollars, it must conform to the Constitution. Dems da rules !!!
The Court held (9-0) that the ordinances were neither neutral nor generally applicable. The ordinances had to be justified by a compelling governmental interest and they had to be narrowly tailored to that interest. The core failure of the ordinances were that they applied exclusively to the church.
Church of the Lukumi Babalu Aye v. Hialeah
(A city banned the practice of animal sacrifice after a church opened)
Appellant’s employer discharged her when she refused to work certain scheduled hours because of sincerely held religious convictions adopted after beginning employment. The question to be decided is whether Florida’s denial of unemployment compensation benefits to appellant violates the Free Exercise Clause of the First Amendment of the Constitution. Yes because it prevented her from practicing her religion after offering reasonable alternatives to the employer. “The accommodation of religious practices here would not entangle the State in an unlawful fostering of religion.” (9-0 decision)
Hobbie v. Unemployment Appeals Comm’n of Florida
A School District must rent their facilities to a church after school hours in order to show religious films. The School District’s policy would rent the facility to any group except religious organizations.
Lamb’s Chapel v. Center Moriches School District (9-0 decision)
Jägermeister, Bobbo, Jennifer and others – Well what can I say but you’re right.
Mulligan? 😉
I should know better as I lived in Indonesia for about 7 years and they are tolerant great people. I guess I was in one of those moods…
Cheers
Three-Headed Cat, I’ll be the first to say “Uncle” on this for having suggested that the rule should be changed. The portion of the article quoted here in this blog seems to imply that the uniform issue that led to disqualification had to do with its amount of body coverage, which is a religious aspect. There’s no mention here of the true issue of uniform color, and I didn’t invest myself enough in the discussion to follow the link to the full article, where that was explained. Once again, you’ve proven yourself to be a bit more thorough than I am. Kudos to you.
“Really. So, for three years she wears the same outfit with no problem and no rule change. Then all of a sudden there is a problem. Unfortunately for you, others have a different take, including the mother and coach.”
“Bu-but, they’ve been letting me break that rule for years. Since they didn’t enforce it before now, I now have the right to break it.”
Sorry, fool. It don’t work that way. Getting away with violating a rule doesn’t confer immunity to that rule. It’s still there and a violation is still a violation. Eeediot.
““First, they said she had to take her hood off,” Sarah Kelly said.”
Because hoods aren’t permitted, that’s why.
“Then, they said she can’t have anything with logos displayed. Then, they said she had to turn it inside out. When I told them that there weren’t any logos on it, they said she had to put a plain white T-shirt on over it.””
What part of “Because it was NOT A SOLID COLOR” are you having trouble grasping, Fusel-Oil?
Oh, BTW – of course however her mother claims it happened, well, that’s incontrovertible truth. Mothers don’t lie.
“Allen Chin of the D.C. Interscholastic Athletic Association Invitational, which hosted yesterday’s competition, tells the paper that Kelly has been allowed to run in his group’s races because her unitard “is a solid color; there’s just one solid color on one arm and a different one on the other arm.” ”
And the others finally advised ol’ Allen that he be a moran. One arm one color + other arm other color IS NOT “A SOLID COLOR,” it is BICOLOR.
So Allen is an idiot like you, Fusebox. That grants her the right to ignore the rule.
OK, if you say so.
Of coarse[sic], there is always the bigot that insists on demonstrating how to be a bigot.
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big·ot (bĭg’ət) n. One who is strongly partial to one’s own group, religion, race, or politics and is intolerant of those who differ.
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The district’s track commissioner Jim Vollmer suggested a solution, “What she needs to do is get some religious documentation saying it’s part of her heritage and bring it with her to every meet.”
How BIGOTED can you get, eh? Notice how the intolerance shown in suggesting that she PROVE that her PERSONAL CHOICE OF COLORS is actually PART OF HER HERITAGE – since it IS NOT.
You’ve gone from ijjit to drooling imbecile, Fuso. What the flying fuck does suggesting that someone claiming a religious exemption from the rules offer proof other than her word. I mean, I go to work in bare feet, because I claim it’s part of my Jewish heritage. If someone dares to suggest that I show where I found this rare bit of Judaism that everyone else seems to have missed along the way, I’ll just point my finger and call ’em a ‘bigot’, since they’re discriminating against me. And I’ll tell ’em you told me so.
Your IQ continues it’s unabated descent – and is apparently now below room temperature.
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Gary, old boy – how refreshing is the voice of sweet reason. Makes a welcome change from the ever-shriller-and-divorced-from-reality babbling of my Right Honorable Colleague, Al Sharpton, Jr., currently enjoying a pseudonym which appears to be descriptive of the contents of his skull…
Your insights are always the patent antidote for the knee-jerk PC ideology that passes for “thinking” around here at times…
I’m with Gary in #27… There was nothing here to lead anyone to think anything other than this being a religious thing… But #28 brings relevant quotes to light.
If this is just about the rules then its just fucking petty and someone needs to bitch slap the offending judge.
It’s a goddamn track meet. Do you really worship your masters so much that you’ll follow them down any path they lead you?
#29, Three Headed Moran,
“Bu-but, they’ve been letting me break that rule for years.
No, they have allowed her a waiver to the rule because the rule violated her First Amendment right. In other words, the rule is unenforcible because there is no legitimate state interest. The waiver did not give her any special advantage over others and in fact probably put her at a disadvantage.
Also, this was a custom made outfit that allowed her to compete in athletics. Because of the prior acceptance, there would be an onus on the Officials to give her sufficient warning ahead of time that the outfit color would have to be changed OR her school would have to supply her with the appropriate uniform that complied with her beliefs.
““First, they said she had to take her hood off,” Sarah Kelly said.”
Because hoods aren’t permitted, that’s why.
Where did that come from? I thought it was because her outfit wasn’t a solid color? Which rule doesn’t allow hoods?
Oh, BTW – of course however her mother claims it happened, well, that’s incontrovertible truth. Mothers don’t lie.
Well, gee willikers !!! The evidence suggests otherwise. Especially when other coaches don’t have a problem, the head of the DC Interscholastic Athletic Association (who sponsored the event) didn’t have a problem, and HER COACH AGREED WITH THE MOTHER AS TO THE CHAIN OF EVENTS. Since the coach would be the one between the girl and the officials, he would know first hand.
And I suppose Vollmer’s contention that it was all about the “solid color” must be the truth. After all, those trying to cover their butt never lie either. So who was it that backed up Vollmer’s version?
big·ot (bĭg’ət) n. One who is strongly partial to one’s own group, religion, race, or politics and is intolerant of those who differ.
Sounds like someone at a certain track meet is a bigot. Vollmer’s statement that she had to prove her religion every time is illegal. It would be up to the track officials to determine that ANY religious beliefs are not being infringed, especially after a religious claim has been made.
The supposed violation did not give her any advantage so it could not be denied. If her religion required her to wear rocket assisted shoes then maybe there is something they could do.
I mean, I go to work in bare feet, because I claim it’s part of my Jewish heritage.
Fine. If your boss has no problem with your Jewish tradition then great. If he can demonstrate (which is probable not too difficult) that going barefoot is a health issue then that would probably over ride your religious claim. If you like to wear a yarmulke then he would have a very difficult time arguing you can’t wear one. Gee, a head covering. The same as this young lady felt her religion compelled her to wear.
NOTE: A private company does not have to hold or obey the same Constitutional standards as the government.
BTW, your boss doesn’t need a reason to fire you. If you commit infractions, such as health violations, that might interfere with collecting unemployment insurance.
BTW, I hope you keep your toe nails trimmed and clean.
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Damn, you can be such as ass. Off your meds again?
“No, they have allowed her a waiver to the rule because the rule violated her First Amendment right.”
Oh gimme a fucking break, OK? First Fucking Amendment my arse. Constitutional Rights don’t have the first thing to do with it. Another of your supremely idiotic, Bizarro World legal theories. You really need to stop talking about the law, knowing less than nothing about it as you do. First, and before anything else, you utter nincompoop, since her participation in this event is entirely voluntary and discretionary, the Constitutional is not involved. And if the rules state that she cannot carry a gun while competing, her Second Amendment rights are not violated, either.
A new height of arrogantly self-assured total idiocy, exceeding even your high standard.
“…this was a custom made outfit that allowed her to compete in athletics”
It didn’t “ALLOW” her to do Jack Shit any more than carrying your lucky rabbit’s foot ALLOWS you to drive on I-95 in rush hour.
Anyway, you miss the boat yet again. Since you’re too stupid to get the hint – their previous failure to enforce the rule does not constitute a waiver of the right to enforce it. Do you grasp that? It’s not that difficult a concept for anyone with their head not up their ass.
“Vollmer’s statement that she had to prove her religion every time is illegal.”
Wow. I guess you really ARE that fucking stupid.
No one even suggested she “prove her religion.” When you claim that you are exercising a protected religious right – ESPECIALLY ONE THAT DOESN’T EXIST – the burden is upon YOU to show that your action is prescribed by your religion.
And your lack of reading comprehension rears it’s ugly head yet again.
ISLAM, you brainless slug, has nothing to do with HER PERSONAL CHOICE of COLORS. It requires ONLY THAT SHE BE COVERED. AND SHE WAS. AND THEY NEVER DENIED HER THAT AT ANY TIME. SHE HERSELF ADMITTED THAT THE COLORS WERE NOTHING MORE THAN WHAT SHE LIKES.
Vollmer was actually being very nice, in a very low-key way, by suggesting that she could provide proof of the religious nature of her color scheme, instead of saying “what a crock of shit.”
And any of it most certainly CAN be denied, bozo. They have extended her a courtesy that they are not under any obligation to do.
“If your boss has no problem with your Jewish tradition then great. If he can demonstrate (which is probable not too difficult) that going barefoot is a health issue then that would probably over ride your religious claim. If you like to wear a yarmulke then he would have a very difficult time arguing you can’t wear one. Gee, a head covering. The same as this young lady felt her religion compelled her to wear.”
You are either illiterate or you’re an idiot. My employer is not required to accept my claim that I’m engaging in a protected religious practice. I am the one who is obliged to prove that it is. Same as in any other situation. The party MAKING THE CLAIM is the party with whom the BURDEN OF PROOF LIES. You assert something, that does not oblige anyone else to disprove it.
You’re using the same fucked-up and bogus argument all illogical lamebrains use. The existence of God, or space aliens or anything else IS NOT PROVEN BY A FAILURE TO DISPROVE IT. YOU claim something is so, YOU are the one who has to come up with the proof.
This is worse than talking to a retarded child. Crikey.
Feel free to share with us that part of Islamic law that says that women must wear orange and blue. Since she already admitted that it DOESN’T – that it’s NOTHING MORE THAN HER PREFERENCE – then pray tell how the fuck it “violates” any religious right.
This is not a case of some poor, shat-upon devout Muslim being forced to do something forbidden by Islam. This is about a common, familiar DC situation with yet another typical militant troublemaking follower of Farrakhan stirring the pot and making typical bullshit claims of “victimization.”
When and if you ever wake up, Batshit, you will be so overwhelmed with shame at the supreme idiocy of some of the shit you’ve said that you’ll need to be put under suicide watch.
Seems like some official being over zealous. Would anyone care if she lost badly in long pants? Does it give her an unfair advantage? But it’s perhaps a trend of either meaningless rules or codes that seem to have no real bearing on the sport. (Like penalising professional teams for celebrating after they score: you work hard all week to do that, and you cant show you’re happy when it works?)
#32, Three Times a Fucking Moran,
First, and before anything else, you utter nincompoop, since her participation in this event is entirely voluntary and discretionary, the Constitutional is not involved.
You are such an asswipe. What the hell does “voluntary” have to do with it. This is a government sanctioned event. The First Amendment prohibits the government from infringing upon her religion unless it is in the state’s best interest to do so.
BTW, a “Constitutional” usually means taking a dump. Which, I might add, completely augments your whole posting.
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“…this was a custom made outfit that allowed her to compete in athletics”
It didn’t “ALLOW” her to do Jack Shit any more than carrying your lucky rabbit’s foot ALLOWS you to drive on I-95 in rush hour.
See? This is how stupid you are. In order to follow her religious convictions she must remain covered from head to foot. If she wore the standard uniform she would be unable to compete. Thus, she made this uniform which conforms to her religious convictions.
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“Vollmer’s statement that she had to prove her religion every time is illegal.”
Wow. I guess you really ARE that fucking stupid.
No one even suggested she “prove her religion.”
Say what???? I guess you didn’t read that part because of all the spittle on your screen. From #28
The district’s track commissioner Jim Vollmer suggested a solution, “What she needs to do is get some religious documentation saying it’s part of her heritage and bring it with her to every meet.”
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When you claim that you are exercising a protected religious right – ESPECIALLY ONE THAT DOESN’T EXIST – the burden is upon YOU to show that your action is prescribed by your religion.
Wrong. It up to those in control to demonstrate that the bests interests of the state exceed those being claimed by the individual. Read the Constitution. It does not say the individual must prove anything, it says the government can not make any law that interferes. PERIOD.
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And your lack of reading comprehension rears it’s ugly head yet again.
ISLAM, you brainless slug, has nothing to do with HER PERSONAL CHOICE of COLORS. It requires ONLY THAT SHE BE COVERED.
My lack of reading? Gee, the Coach said the reasons included the hood. Hey, didn’t some asswipe above also say the same thing. Let me find it. Ya, there it is, in post #29 from that self practicing brain surgeon himself, the Three Headed Moran,
Because hoods aren’t permitted, that’s why.
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Vollmer was actually being very nice, in a very low-key way, by suggesting that she could provide proof of the religious nature of her color scheme, instead of saying “what a crock of shit.”
Telling her that she can’t participate and must prove her religious convictions is “very nice”? Maybe in some fishy asswipe perverted manner that normal people could never fathom. If you had of read the articles you would know why she chose those colors. I never saw anything about “because she liked them”. Ya fucking moran, they are her school’s colors !!!
HEY WAIT A MINTE THERE BUDDY !!! Didn’t you just say No one even suggested she “prove her religion.” and yet here you admit she has to “prove” a religious point.
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You are either illiterate or you’re an idiot. My employer is not required to accept my claim that I’m engaging in a protected religious practice.
Sorry, but once again you show your idiocy. I wrote in #31:
NOTE: A private company does not have to hold or obey the same Constitutional standards as the government.
BTW, your boss doesn’t need a reason to fire you. If you commit infractions, such as health violations, that might interfere with collecting unemployment insurance.
Clean your fucking monitor.
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You’re using the same fucked-up and bogus argument all illogical lamebrains use. The existence of God, or space aliens or anything else IS NOT PROVEN BY A FAILURE TO DISPROVE IT. YOU claim something is so, YOU are the one who has to come up with the proof.
Say what ??? Now you are chastising yourself because you haven’t proven anything you have said? Moran, if you insist SHE must prove something, BACK IT UP. I cited three US Supreme Court cases and quoted four reports of the incident. So if you can back up anything you have to say then I truly would like to see something. But all you have done is froth at the mouth and scream I’m an idiot.
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This is about a common, familiar DC situation with yet another typical militant troublemaking follower of Farrakhan stirring the pot and making typical bullshit claims of “victimization.”
Prove it asswipe. You made the allegation, you prove it. Then explain how this makes her First Amendment rights somehow disappear.
I don’t care how silly this sounds. I don’t care if she worships Hey Zeus, the Flying Spaghetti Monster, the Double Cheese Deep Dish Pizza, the devil, or any combination. The First Amendment allows her the right to do so. It denies the government the means to make or enforce any rule or law that infringes upon her beliefs provided there is no SUBSTANTIAL STATE INTEREST.
I’ll leave you with two last citations.
Lemon v Kurtzman, (8-1, 1971)
(Upheld in Santa Fe Independent School District v Doe (2000))
The Court’s decision in this case established the “Lemon test”, which details the requirements for legislation concerning religion. It consists of three prongs:
1.The government’s action must have a legitimate secular purpose;
2.The government’s action must not have the primary effect of either advancing or inhibiting religion;
3.The government’s action must not result in an “excessive government entanglement” with religion.
If any of these 3 prongs is violated, the government’s action is deemed unconstitutional under the Establishment Clause of the First Amendment to the United States Constitution.
Sherbert v. Verner , (7-2, 1963)
The Sherbert Test consists of four criteria that are used to determine if an individual’s right to religious free exercise has been violated by the government. The test is as follows:
For the individual, the court must determine
whether the person has a claim involving a sincere religious belief, and
whether the government action is a substantial burden on the person’s ability to act on that belief.
If these two elements are established, then the government must prove
that it is acting in furtherance of a “compelling state interest,” and
that it has pursued that interest in the manner least restrictive, or least burdensome, to religion.