Verified Document

The Struggle Between Religious Freedom And Other Constitutional Freedoms Chapter

¶ … Religious Freedom" is one of the hottest arguments in America. Some believe that religion -- specifically their religion -- is the only way and should be the law of the entire land. Others believe that Religion was invented when the first conman met the first sucker; they have no use for Religion at all, they stress that there should be complete separation of Church and State and that Religion should have no say about legal rights in America. Between those two positions is at least one other position: that Religion is a positive force but that every religion has basic truths and every religion is as legitimate as the others. In America, the courts handle a lot of the arguments about Religious Freedom. I believe the relationship between religion and the courts is a double-edged sword because it helps define religious rights in the United States but it can also be very confusing. Our system is great in that it answers questions about all rights, including religious rights, and protects them. However, it is also downright confusing because it is so complex: America has several competing rights, all constitutionally guaranteed, and sometimes those rights conflict with each other. At the same time, the courts of this country must resolve disputes, decide the constitutionality of laws and determine how far each right should be protected when it infringes on another right. Added to all that complexity is the fact that the United States has a "dual court system" because America is a federal republic: there are federal laws passed by the federal government and state laws passed by state governments and each court system for each state and for the federal government must interpret laws.

As I understand this complex system, federal law "trumps" state/local law. If the federal courts, particularly the U.S. Supreme Court, interpret the U.S. Constitution in a certain way, that way becomes the law of the entire United States. However, states often fight federal laws and the federal courts' interpretation of those laws by ignoring the federal laws/interpretations, passing their own laws, suing the federal government or doing all three. The biggest hammer the federal government has when states "act up" and refuse to follow federal law is funding: states accepting federal funding for education and other programs must follow the federal law. It seems that some states delay the pounding of that hammer by suing the government and asking to be allowed to continue as they are until the federal court -- all the way up to the U S. Supreme Court - decides, which can take years.

All those courts and all those laws and all those interpretations of all those rights and all those fights and delays practically mean that people live differently...

Some people in some parts of the country are allowed to have more religious freedom or more rights against religion-based discrimination than people in other parts of the country, depending on how their state legislatures and courts lean. This all makes it a great system and a terrible system. It's a great system because a person can actually live in a region that supports his/her belief: if a person wants to live in a society that is Fundamentalist Christian and runs the government according to those principles, for example, he/she can live in some areas of Texas, which is heavily Fundamentalist. On the other hand, if a person wants to live in an exceptionally LGBT-friendly place where religion has no say in how a person is treated, he/she can live in West Hollywood, California, which insists on freedom from all forms of discrimination, religion-based or otherwise.
Is that indecision ultimately exactly the way Americans are supposed to live? It appears from all the arguments that Americans keep trying to get us all on one page: the federal courts decide where religious freedom violates other freedoms and we are all supposed to live according to those boundaries. But perhaps that's not the way America is really supposed to be at all. Right now, regarding religious freedom and other freedoms, we aren't really a "united" United States. Right now, it appears that the United States is at least 2 separate regions, characterized by the "Red States" (which are more conservative, religious-leaning states) and the "Blue States" (which are more liberal anti-discrimination states). Perhaps that's exactly the sort of thing America is supposed to allow and perhaps that's exactly why America was founded as a federal republic with a dual court system. Since we don't all agree on certain matters, here about where Religious Freedom ends and freedom from anti-LGBT discrimination (for example) begins, maybe some of us are supposed to live in the areas favoring religions and others are supposed to live in areas protecting against anti-LGBT discrimination.

I consider the possibility of "live and let live" in different parts of the country knowing that this is contrary to at least some ideas of what America is supposed to be about. There is at least one very strong principle that all the constitutional rights of all Americans should be protected in every corner of America. That sounds wonderful but it just isn't reality, at least in modern-day America. In modern-day America, some Americans are "free" in one way in one geographical area while other American are "free" in another way in another geographical area. The courts are supposed to interpret how all those freedoms are supposed to coexist but 50…

Cite this Document:
Copy Bibliography Citation

Related Documents

Freedom of Association in Malaysia When One
Words: 4830 Length: 15 Document Type: Essay

Freedom of Association in Malaysia When one talks about the foundation of a powerful civil society, freedom of association is very important for the foundation along with the rule of law, freedom of religion, freedom of expression and free and competitive elections. Freedom of association is also an important part of the pluralistic democracy (Tekle, 2010). The previous communist countries of the Central and Eastern Europe which had been, in the

Paine Thomas Paine's Political, Religious,
Words: 5156 Length: 16 Document Type: Term Paper

Throughout the duration of the war, Paine was responsible for publishing a series of propaganda pieces which were published in the Crisis. In these, he often addressed the British Crown and warned of the Americans' united spirit: "In all the wars which you have formerly been concerned in you had only armies to contend with; in this case, you have both an army and a country to combat with,"

America and the Ottoman Empire
Words: 5100 Length: 17 Document Type: Term Paper

The Crusades The Crusades would shape Islamic attitudes toward the West for centuries, so much so that it was noted that George Bush should never have used the term with reference to the War on Terror because of the bad feelings involved. In the eleventh century, much of the Moslem world was under siege from the Seljuk Turks. The Moslems were in control of the Holy Lands, the seat of Christianity,

Catholic Church in Spain and the United States
Words: 19318 Length: 70 Document Type: Thesis

Catholic church and public policy have remarked that the members of American clergy in general, without even excepting those who do not admit religious liberty, are all in favour of civil freedom; but they do not support any particular political system. They keep aloof from parties, and from public affairs. In the United States religion exercises but little influence upon laws, and upon the details of public opinion; but it

Lincoln Problem Mayor Justice Jackson Lincoln High
Words: 3599 Length: 12 Document Type: Essay

Lincoln Problem Mayor Justice Jackson Lincoln High School Board Mayor Lincoln Problem It would be safe to say that Lincoln Center City is basically a place that is an average-sized urban metropolitan located in the state of Fordham. This is a town where there are about 75,000 people that are living in Lincoln Center and this is a type of city that really prides itself on its diversity in cultures. However, this pride may not

Religion, More Than a Word
Words: 3223 Length: 10 Document Type: Term Paper

And bee it also Enacted by the Authority and with the advise and assent aforesaid that whatsoever person or persons shall from henceforth use or utter any reproachfull words or Speeches concerning blessed Virgin Marv the Mother of Our Saviour or the holy Apostles or Evangelists or any of them shall in such case for the first offence forfeit to the said Lord Proprietary and his heirs Lords and

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now