"If we accept this assertion, it means that conflicts between religious freedom and nondiscrimination principles are resolved by denying accommodation for religious conscience — except perhaps in very rare and narrow circumstances."
Haynes's argument has proven cogent by Deductive reasoning. In a more thorough search, we find this footnote in the report upon which the author is commenting: "See Michael W. McConnell, The Origins and Historical Understanding of Free Exercise of Religion, 103 HARV. L. REV. 1409 (1990) (arguing that courts have insufficiently recognized that religious movements of the colonial period pushed for primacy of religious conscience over secular laws and that the framers chose “free exercise of religion” over “rights of conscience” to protect religiously motivated but not secular conscience-motivated conduct);"
This adds clarification that the framers of the Constitution were aware of the potential pitfalls or misinterpretations of this amendment and further proves that the framers chose their words very wisely. Religious freedom gives one the freedom to worship how one chooses, but only as long as one's worship does not conflict with established federal law (for example, the abolishment of polygamy in early Mormonism). Therefore, if a small business owner's religion disagrees with same-sex marriage for example, that owner may be legally forced to provide service to a lesbian couple if the courts are involved.
How little do most people pay to the actual words, right? Your wording, only as long as ones worship does not conflict with established federal law, is right on point. My post coincidentally, is about polygamy. Good observations and talking points.
ReplyDeleteI really like how you point out the choice of words by the farmers in this instance in the early days. Really it is interesting how people will persist and fight for "religious freedom" but if it starts to affect their lives and their families in ways they may deem negative, then they views and or stances sometimes change, and for the worst.
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