Adult baptism is referred to as Anabaptism, meaning "re-baptizer. Amish adult baptism gives members of the church the freedom, and the adult conscious choice to find their faith through a tradition called Rumspringa. Rumspringa means "running around" in the Amish Dutch language.
Prior to Smith, Federal free exercise cases were governed only by the opinion in Sherbert v. This required any law which placed a substantial burden on the exercise of religion be formed in the least restrictive fashion and to be justified by a compelling state interest.
We will write a custom essay sample on Law and Religion or any similar topic specifically for you Do Not Waste HIRE WRITER However in Smith the court articulated a new test for laws that placed a substantial burden on the free exercise of religion, holding that the law need not be supported by a compelling state interest so long as the law is neutral and of general applicability.
In the analysis below I wish to first address the religiously burdensome laws upheld under the Smith test, requiring only neutrality and general applicability, without regard to a compelling state interest, and second, what laws following the decision in Smith were still shot down notwithstanding their neutrality and general applicability.
The establishment clause in the Constitution states that congress shall make no law respecting the establishment of religion. Kurtzman it was established that in order for a law to pass under the establishment clause it must have a secular governmental purpose, its primary effect must not be to advance or inhibit religion and lastly the law must not result in excessive governmental entanglement.
What we are primarily interested in for the purpose of our analysis however, is the second clause of the first amendment requiring that the government not prohibit the free exercise of religion.
Post Smith, under the free exercise clause at common law, a law must only be neutral and of general applicability to survive a constitutional analysis, even where the law substantially burdens religion and the compelling governmental interest standard is not met.
In the following discussion we will address what laws have survived under this test and the effect they have had on religion in America. Smith that the court first implemented this standard of neutrality and general applicability.
In Employment Division v.
Smith, Alfred Smith and Galen Black who were both members of the Native American Church and counselors at a private drug rehabilitation clinic were fired because they had ingested peyote, a powerful hallucinogenic drug, as part of their religious ceremonies.
At that time intentional possession of peyote was a crime under Oregon law without an affirmative defense for religious use. The majority opinion in Smith stated that although ordinarily a religiously burdensome law only survives constitutional scrutiny if there is a compelling state interest, when the law applies to everyone equally and the intent behind the law is not to regulate the exercise of religion, a compelling state interest is not required.
Under this standard there is no room for the individualized consideration of the reasons a person might have for using peyote.
In Smith the Supreme Court has sharply limited scrutiny of incidental burdens in the context of religion. The opinion states that if it permitted a wide approach to prohibiting religiously burdensome laws, it would be too easy for citizens to evade a multitude of important laws.
This approach would run contrary to public policy and the very reason that we have a society governed by laws in the first place. Another famous utilization of this standard was in Christian Legal Society v.
Here a student organization, the Christian Legal Society, required members to subscribe to a Statement of Beliefs and refrain from certain proscribed behaviors, including homosexuality. The school subsequently refused to recognize the group as a student organization pursuant to its Nondiscrimination policy.
In this case the application of the Smith standard is perhaps less informative then it was in Smith. Here we are not only using the standard to burden religion, as it was in Smith, but also as a tool to protect against discrimination.
With the additional force of Civil Rights available to swell its ranks, the full extent of the standards power is perhaps not visible, however this case does illustrate a new and innovative application of this concept that Smith had first brought to the table.
Kurtzman we saw that in order for a law to pass under the establishment clause it must have a secular governmental purpose, its primary effect must not be to advance or inhibit religion and lastly the law must not result in excessive governmental entanglement.
Ordinarily a religiously burdensome law would only be upheld if it survived the strict scrutiny test.The Amish are very religious people, religion is the main reason they chose to have plain and simple lives, as they feel they its important to live simple lives and focus on what god wants.
Amish and Mormons Essay. Amish and Mormons The Amish and the Mormons are two ethno-religious groups in America - Amish and Mormons Essay introduction. The Amish call themselves the Ana Baptist Christian Church and were founded by Swiss Mennonites under the . Subculture: Amish Essay.
words - 4 pages. Subculture: Amish Tina Curry Georgia Northwestern Technical College. One reason the Amish tend to live in separate communities is that they fear that the outside world is a threat to their religion and culture.
The Amish are considered to be slightly different compared to other societies in today’s universe. The Amish civilization is based on Christian beliefs and they follow the instructions of the Jesus Christ and the Bible in everything that they do.
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