| It says free exercise. Not merely freedom of belief. Aspects of one's religious activities (exercise) may be limited, but the exercise of one's religion may not be entirely eliminated (unless one's religious beliefs are such that all exercise involves murder and mahem and other conduct legitimately proscribable). Even Reynolds recognizes that even though Congress cannot make religious beliefs illegal, it can, nonetheless, to some extent consistent with moral and social requirements and norms limit the exercise of those beliefs, the practice of them. But it cannot proscribe religious practices that do not run afoul of other legitimate norms. And the law has developed in sophistication in drawing this line in the past 130 years -- see the various iterations of free exercise in international human rights instruments and newer constitutions (e.g., South Africa). And see, even, U.S. S. Ct. cases showing some understanding of this. On Aug 3, 2005, at 3:29 PM, Gene Garman wrote: The free exercise of religion cannot be prohibited, but religion is not above the law, except in matters of opinion. The Free Exercise Clause does not say the exercise of religion cannot be abridged, which means reduced. The Free Exercise Clause plainly says the exercise of religion cannot be prohibited, which means totally. All actions are subject to the laws of the land which apply to all citizens equally, regardless of religion. The law can interfere with practices; even prohibiting some (bigamy, in Reynolds). But it cannot prohibit all peaceable exercise. Steve -- Prof. Steven D. Jamar vox: 202-806-8017 Howard University School of Law fax: 202-806-8428 2900 Van Ness Street NW mailto:[EMAIL PROTECTED] Washington, DC 20008 http://www.law.howard.edu/faculty/pages/jamar "I have nothing new to teach the world. Truth and nonviolence are as old as the hills." Gandhi |
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