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Engagement in Polygamy - Research Paper Example

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In the paper “Engagement in Polygamy,” the author discusses the case, which will turn on three different constitutional protections – the fundamental right to marry the person one chooses, the right to privacy and to be free from governmental intrusions, and the free exercise of religion clause…
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Engagement in Polygamy
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Download file to see previous pages The first relevant constitutional provision that shall be examined is the free exercise of religion clause of the Constitution. The First Amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” U.S. Const. amend. I. The Free Exercise clause is applicable to the states through incorporation into the 14th Amendment due to process clause. Employment Division, Dept. of Human Res. V. Smith, 494 U.S. 872, 876-877 (1990).
Supreme Court decisions have determined that if a law that burdens a religion is neutral and of general applicability toy, then the state does not have to show a compelling state interest. Employment Div., Dept. of Human Resources of Ore. v. Smith, 494 U.S. 872. If the law is not neutral or not of general application, then the law must survive strict scrutiny, in that it must advance a compelling state interest and be narrowly tailored to advance that interest. Church of Lukumi Bablu Aye. v. City of Hialeah, 508 U.S. 520 (1993).
The instant case is analogous to the Church of Lukumi case. The Church of Lukumi case involved a religious sect, Santeria, that practice animal sacrifice as a part of their rituals. Santeria considered the sacrifices to be form of devotion, and this is a practice that has its roots in ancient times. Church of Lukumi Bablu Aye. v. City of Hialeah, 508 U.S. at 521. The City of Hialeah banned the practice of animal sacrifice because, in part, “the sacrificing of animals within the city limits is contrary to the public health, safety, welfare and morals of the community.” Church of Lukumi Bablu Aye. v. City of Hialeah, 508 U.S. at 521. ...Download file to see next pagesRead More
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