Preview

Religious Exemption

Good Essays
Open Document
Open Document
973 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Religious Exemption
In this way, it seems clear that the debate over religious exemptions is a really difficult one. It is true that in theory, one’s individual, extensive practice of religion is not harmful, nor does it burden others too much. However, one could argue that a major issue in granting exemptions is that it undermines the law, before which we should all be treated as equal, and this without exception . Barry highlights that the “the law serves a public purpose”, as “its essence is the protection of some interests at the expense of others when they come into conflict” . Thus, the impact it has on people logically depends on their interests. Therefore, it can be said that if exemptions are justified, maybe the law itself is not. Indeed, why would …show more content…
Fisher writes that “religious groups may exert oppressive and coercive power on individuals” , that “they often sacrifice individual rights to religious autonomy” , and that “they are shelter for intolerance” . It is also the view of Dwyer, who focuses on the very interesting case of children submitted to the will of religious parents. He denounces the negative effect of religious exemptions concerning vaccination and education. Dwyer makes a particularly good point in claiming that exemptions are, in this case, abusing the rights of children, denying them protection regarding gender equality, medical care, education, denying them the rights and protection that children of non-religious or non-practicing individuals have . This is a very good illustration of how religious exemptions can in fact increase inequality and rights to opportunity. This concerns also women, who may suffer from sexist, repressive, discriminatory and retrograde religious principles . Minow highlights the interesting case of a woman who was fired from the Catholic school she worked for because of her pregnancy. This was justified by the idea that “mothers of young children should not work outside the home”. When the state allowed the dismissal, …show more content…
On both sides, arguments for and against religious exemptions are interestingly quite similar, although reversed. Clearly religious exemptions are more or less acceptable depending on each country’s history and values. In this way, the case of a republican state like France, which has strong historical values of laïcité, is not the same as Anglo-Saxon countries, in which religion holds a much more central place, especially in the public sphere. Nevertheless, it is obvious that positive discrimination cannot possibly be a good solution, especially as laws are not nearly as repressive on religions as what some scholars have argued. Positive discrimination would not uphold minorities to the same level as the majority, but rather deepen differences, communitarianism and difficulties to integrate and form a unified nation. The main issue with exempting members of religious groups is, however, that we are no longer all equals before the law, which is yet the main principle of democracy. Even though we are not all impacted the same way by laws, no one is consciously discriminated, and seizing opportunities while maintaining a balance between one’s personal and professional life thus depends on no one else but

You May Also Find These Documents Helpful

  • Good Essays

    This reading, written by Donald Eugene Smith, communicates his perspective on what being a secular state means, and what a secular state should encompass. Smith’s key idea is that a secular state includes the individual, the state and religion, and that these three factors have interconnected relationships with one another. However, in their relationships it is vital, or ideal, that there is exclusion of the third factor in each relationship. For example, Smith states that in the relationship between religion and the individual, it is vital that there is no interference from the state, thus ensuring freedom of religion.…

    • 240 Words
    • 1 Page
    Good Essays
  • Good Essays

    Perich with the help of the Equal Employment Opportunity Commission went to court to challenge the decision of the church. They based their case on the Americans with disability act, which protects Americans with disability from unfairness at work. They argued that the church had fired Perich for threatening to file a legal lawsuit. In defense of the church, their attorneys argued that the lawsuit was unlawful because it was against the first amendment. This amendment banned the government from getting involved in matters of religious organizations and employment terms with one of its ministers. Apparently, Perich was a minister because of her involvement in the religious matters of the church. There were two types of employees at the school the ‘called’ and ‘lay’ teachers. Called teachers like Perich, were misters of the church, and therefore participated in other religious duties apart from teaching.…

    • 642 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Supreme Court case, Zubik v. Burwll is aimed to answer multiple questions. The first question this case aims to answer is does the availability of a regulatory exemption for religious employers regarding the Affordable Care Act’s contraceptive mandate eliminate the substantial burden on those organizations’ exercise of their religious freedom? The second question this case will answer is do the Department of Health and Human Services’ guidelines satisfy the Religious Freedom Restoration Act’s demanding test for overriding religious objections? Last, the third question this court will answer is do the Department of Health and Human Services’ guidelines violate the Religious Freedom Restoration Act when the government has not proven that the guidelines…

    • 518 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Human Resources Task 1 V2

    • 3137 Words
    • 13 Pages

    References: Cromwell, J. B. (1997). Cultural Discrimination: The Reasonable Accommodation of Religion in the Workplace. Employee Responsibility and Rights, 10(2), 155-172.…

    • 3137 Words
    • 13 Pages
    Better Essays
  • Good Essays

    In our history as a Nation, we have had some conflicts that have arisen when this occurs and it can be difficult to define what it means to have religious freedom. It should not come as a surprise to us that this may be a conflict in our future. Religion is an asset in our human lives that has directed us toward morality from the beginning of humanity as religions have grown in diversity. There is no category to which it belongs; therefore, it is difficult to face this problem head on when there may be some concrete obstacles that cannot be overlooked. As difficult as it may be to say this, there will not be a point in time when there are conflicts, big and small, that some rules where we cannot always accommodate everyone’s needs. Congress has passed the Religious Freedom Restoration Act (RFRA) to give individuals more liberty when exercising religion; therefore, not to quell your right to exercise religion and adhere to that “Congress shall make no law…prohibiting the free exercise [of religion]” as stated in the First Amendment.…

    • 611 Words
    • 3 Pages
    Good Essays
  • Best Essays

    All the turmoil because of the government’s stance to try and protect as it is supposed to do without stepping on peoples religious rights( according to the Amendment clause) leads us to believe there will be more cases like this in the future. “This is not what the founders intended, nor is it the way we usually think about the two clauses of the First Amendment” ((Shmoop Editorial Team, 2008). “We usually think of them operating in tandem to protect our religious rights. But history has suggested that in many cases, it is the tension, not the harmony, between them that best protects religious freedom” ((Shmoop Editorial Team, 2008).…

    • 2785 Words
    • 12 Pages
    Best Essays
  • Good Essays

    Wisconsin Vs Yoder

    • 312 Words
    • 2 Pages

    In the case Wisconsin v. Yoder lies the question of conflicting interests of the State and the parents of religious minorities in a context of a multicultural society. On the one hand, the State has the duty to provide equal education to all children of the nation, and the interest to maintain a certain…

    • 312 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In a political atmosphere where homosexuality has become trendy, and those opposing it citing religious freedom are criticized, a debate has arisen between parties both for and against this exercise of religious freedom. Issues stem from the applications of personal religious freedom and their applications to business. This position has become increasingly difficult for courts to rule on, especially given the supreme court ruling on the legalization of same sex marriage which pushed this debate on religious freedom into the living room of America and out of court. The debate has captivated the interests of individuals in the US, even those without strong feelings for or against, given the conundrum that has arisen between the clash of religious freedom and personal expression. The question remains, should the views of an individual entitle them to discriminate when when conducting business with another, and in a union founded upon the separation between…

    • 866 Words
    • 4 Pages
    Good Essays
  • Best Essays

    Ackerman, David M., and Kimberly D. Jones. The Law of Church and State in the Supreme…

    • 447 Words
    • 2 Pages
    Best Essays
  • Good Essays

    Identify and briefly explain three ways in which women may be disadvantaged by religion today (9 marks) – Jan 13…

    • 1083 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Compelling Interest Test

    • 729 Words
    • 3 Pages

    How much freedom is too much freedom? This is the question that has been debated for decades regarding religious freedom and state actions. With the rise of the regulatory state beginning in the 1940’s and the New Deal, the government has consistently come in conflict with religious freedom. Issues such as religious garb, zoning laws, unemployment benefits, military draft accommodations, religion in the public square, LGBT discrimination, and birth control are just some of the many issues that have arisen. To accommodate religious individuals in the face of generally applicable laws, the Supreme Court devised the Compelling Interest Test. The Compelling Interest Test can best be defined as “the state may justify an inroad on religious liberty…

    • 729 Words
    • 3 Pages
    Good Essays
  • Good Essays

    religious freedom

    • 516 Words
    • 2 Pages

    Throughout the world, there are so many religions that you can’t even count them all. Everybody needs to accept that all religions are equal, not one is superior to another. Religious freedom is extremely important in this world because the amount of people is enormous and the amount of religions and nationalities are even higher. All People deserve to practice their Religion no matter what they are. Catholic, Jewish, Muslim, Hindu, Buddhist IT DOES NOT MATTER! Everybody on Earth deserves the right to religious freedom.…

    • 516 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Religious Freedom

    • 606 Words
    • 3 Pages

    Religious freedom was always a struggle for the early inhabitants of the New world, they even moved an entire world away just to achieve it. When Martin Luther decided to nail those ninety-five theses to the door of the Castle Church in Wittenburg, little did he know he would make such an impact on the rest of the world for years to come. That was the beginning of the protestant reformation as well as puritanism. An adding catalyst in wanting to acquire religious liberty was when King Charles I dismissed parliament which led to much distress and many puritans left the country as a result. Another reason many people came to the new world was for God, gold, and glory.…

    • 606 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Religious freedom is important because it gives a person the right to freely partake of the practices of his or her religion without the government’s or anybody else’s opposition. religious freedom means that you have the right to choose a religion or not religion without the interference of the government. The first amendment of the united states’ constitution gives us the right to practice our own religion or even not religion at all. Religious freedom is a right given to us by God, therefore it can not be taken away from us by anybody else other than God himself. God gave us the right to choose what we want to believe in and what we do not want to believe in, therefore it is not the government's role to take that freedom away from us. I believe that nobody should judge you because of what you believe or do not believe, and that is why I think religious freedom…

    • 572 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Religious Freedom

    • 438 Words
    • 2 Pages

    Freedom of religion should be protected because it doesn’t mean federal government is setting an official religion of the United States if the freedom of religion is really given, if an individual is forced to follow certain customs and beliefs, that person is not whole-heartedly being religious, and it allows a person to change their religion if they want to follow the same religion as their spouse…

    • 438 Words
    • 2 Pages
    Satisfactory Essays