Category Archives: First Amendment — Freedom of Religion

Kent’s Early View on the First Amendment’s Religion Clause

As I was perusing my copy of Kent’s Commentaries on American Law (12th Ed., O.W. Holmes, Jr.), I came across the following statement in the context of his discussion of the First Amendment: The free exercise and enjoyment of religious profession and worship may be considered as one of the absolute rights of individuals, recognized […]

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Contraception Mandate & Religion Liberty Pt. II; The State, The Church, and The Citizen

“A law targeting religious beliefs as such is never permissible.” Religious freedom is as much an integral ingredient in American law and society as sand is an integral ingredient in glass. This country was founded upon the freedom of conscience and the principle that the government would never dictate the exercise of conscience. During the […]

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Free Exercise of Religion, Contraception, and Women’s Health Issues, Pt. 1

The controversy created by President Obama’s Administration over whether the Federal government can require religious institutions to provide their employees with insurance plans covering contraceptives has a significant impact upon our Constitutional Republic. The controversy requires the juxtaposition of “rights” created by the government over the right to free exercise of religion as guaranteed by […]

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