Freedom of Religion and The Free Exercise Clause Interactions
The Free Exercise
Clause prohibits the government from interfering with religion:
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A law which
unintentionally interferes with the free exercise of some religion will
survive a Free Exercise Clause claim:
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Southernstate
law requires that all persons operating vehicles traveling public roadways
attend a state driving course and pass a test. While this does not apply
for self-powered vehicles, such as bicycles, it applies to all others.
The course includes a mandatory driving portion during which students
learn emergency handling in cars provided by the course operators. When
the law is passed the Amish community protests, arguing that their horse-drawn
carriages should be exempt and that requiring them to attend the course
and operate the motor-vehicle conflicts with their religious beliefs.
What is the likely result?
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The Marijuana
Ministry is a group holding itself out as a religion whose deity takes
the form of marijuana plants. According to its founder, Chris Flaps, “we
smoke marijuana to become closer to our god and to remind ourselves of
her sweetness.” After being arrested for possession, use, and distribution
of marijuana, the Ministry’s founder defends himself by appeal to
the Free Exercise Clause and demands that his “church” be
granted a limited exemption to the law of general applicability criminalizing
marijuana. What is the likely result?
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