This Person said:
FredFlash said:
Explain to me why those practices are not religion; or, why, although they are religion, at least to the person performing them, they should be restricted. What rule or principle do we, or rather did the founders intend for us to, use to decide what religious practices are legitimate and which are not, which can be restricted and which cannot?
Are you asking me to do this because my "fire in a crowded theater" comment didn't answer your question, or do you not think there are any limits whatsoever?
Actually, the reason is that it can be a difficult problem to draw the line between legitimate and legitimate exercises of religion, unless religion is clearly defined. I wanted to know if you had done some deep thinking on the question.
If "religion", for First Amendment purposes, is "the duty we owe to our Creator", we are obliged, in order to apply the two religion clauses of the First Amendment to legal disputes, to determine what is, and what is not, a duty to our Creator. To do that may require us to more precisely identify which Creator we're talking about and I think we want judges deciding who is the true, and who is the false, Creator.
Without rules or principles to determine what is, and what is not, a duty we owe to our Creator, all we have are the personal views of judge(s) deciding a dispute regarding what is, and what is not, a legitimate exercise of religion, which is, in my view, very dangerous.
Some argue, for example, that the SCOTUS opinion in the case of "Reynolds v. U. S." (1878) established the principle of civil authority over religion, because authority over what is, or is not, legitimate religion, is the same as authority over all religion. In the case, the court had to determine whether an act, claimed by the actor to be a duty to God, but violated a criminal statute, was "religion" for First Amendment purposes.
If the principle is that any act that violates a criminal statute is not religion, then all Congress has to do to prohibit the free exercise of religion in general, or a particular religious duty, such as the duty to trust in God or to consider oneself under God, is to simply make a law prohibiting the practice of religion. Therefore, the mere violation of a criminal statute cannot possibly be the rule or principle that determines what "religion" is.
Like James Madison, I must have a principle or rule for everything, including one to determine what is, and what is not, a duty we owe to our Creator. Thus far, I have not found one.
do you not accept that the "Bill of Rights" is not really rights, but limits on government?
Actually, in my view, they're both. The subject is civil rights. The object is the protection of those rights. The means, to the object, is the limitation of civil jurisdiction.