Free exercises of religion
Name
Institution
Free Exercise of Religion
Law enacted within any country should be constitutional since a country’s constitution is the supreme law of that country. The constitution provides the basis or foundation on which other laws are legislated. If a law fails to uphold the constitution, then the law is considered unconstitutional. Based on the provision of the constitution, various acts of law making can be keenly examined and accepted or rejected. For instance, the congress can enact statutes such as “No person or entity, government or private shall allow or encourage any of the following:
Consumption of any amount of alcohol by a minor as part of a religious service,
Wearing any religious clothing, headwear, religious symbol, or religious jewelry in a public school,
Time off for religious worship by students or teachers during the school or by government employees during regular working hours.”
Such a statute my accepted as constitutional or rejected as unconstitutional depending on the perspective of the constitution one chooses to examine them from. However, since the constitution supports diversity tolerance and promote on activities that do not cause harm to any one; some of the provisions of the above statute may be unconstitutional while others can be accepted as constitutional.
It is a dilemma whether enacting a statute allowing consumption of alcohol by minor as part of religious service should be considered as constitutional or unconstitutional. The constitution guarantees free worship to all citizens, but at the same time allow for the prohibition of alcohol consumption by minors. Ironical, some religious rituals involve consumption of alcohol and my require minors to consume alcohol as part of religious service. Passing a low allowing minors to consume alcohol for religious purposes merely extend to people their right to free worship. Though many may look at this as unconstitutional, and interference with the gains made by prohibiting under age alcohol consumption, it is clear that consumption of alcohol due to religious rituals is not as indulging as the social consumption, which has negative effects such as, addiction and road accidents (Greenawalt, 2009). Consumption for religious rituals is regulated, and the minors are under the observation of adults such as religious leaders and parents. In addition, the statute allowing the consumption may stipulate the amount that can be consumed by the minors. In this regard, the statute is constitutional since the circumstance surrounding the consumption of alcohol grant the minors their religious rights and do not violate the provisions of the statute prohibiting consumption of alcohol by minors.
The second provision the statute allowing wearing any religious clothing, headwear, religious symbol, or religious jewelry in a public school is constitutional. By according citizens free rights to religion, the constitution does not restrict people on what they do their religion unless it undermines that other freedoms of other people. Wearing any religious clothing, headwear, religious symbol, or religious jewelry in a public school does not violet any other persons freedom. Furthermore, the constitution encourages embracing diversity in public places and freedom of expression (Baisden, 2009).
Finally, allowing time off got religious worship by students or teachers during the school or government employees during regular working hours can also be considered constitutional since it allows citizens to enjoy their religious rights. Different religions have different religious holly days and praying or worship hours. If members of a religion are not allowed to pray at their appropriate time, their constitutional right to religious worship is undermined (Haynes & Thomas, 2007). In this regard, it is constitutional to allow time off for religious worship by students or teachers during the school or government employees during regular working hours.
Although, the above provisions may seem to contradict with other statutes that are constitutional, the provisions are equally constitutional. Any contradictions can be ironed out by creating a link between the statutes. All in all, the individual right of worship should never be compromised.
Reference
Baisden, C. (2009). Wearing religious Attire at work: Freedom of expression or Disruption? Respect, Winter 2010, 9(2).
Greenawalt, K. (2009). Religion and the Constitution: Volume I: Free Exercise and Fairness. Princeton, N.J. : Princeton University Press
Haynes, C. C. & Thomas, O. (2007). Finding Common Ground: A Guide to Religious Liberty in Public Schools. Washington D. C: First Amendment Center
