Sunday, March 1, 2015
Limits of the Free Exercise Clause: Religion in the Workplace
A case brought forward to the U.S. Navy-Marine Corps Court of Criminal Appeals sought to overrule a court martial conviction against a Marine Corps member who disobeyed a lawful order. According to facts of the case, the appellant printed copies of “the biblical quote ‘no weapon formed against me shall prosper’ on paper.” Once these were created, the appellant would cut the quotes into different sizes and post them on her desk in three different places. The reasoning behind this placement was that she was a Christian and this was a way of exercising her faith. The arrangement the quotes were aligned in signified the holy trinity of the Christian faith.
After being given a court martial conviction for defying an order to remove the biblical quotes, the appellant sought out charges claiming that her freedom of exercise had been violated. Under this protection, the appellant felt she had the right to express her beliefs through this religious motivated action. However, the court rejected this appeal. According to the court, “the definition of a ‘religious exercise’ requires the practice be ‘part of a system of religious belief”.” Since the appellants practice of placing cut out biblical quotes isn't a wide held practice of the Christian faith, and then it isn't protected by the Free Exercise Clause of the 1stAmendment. The courts stated that “for these reasons, we reject the appellant’s invitation to define ‘religious exercise’ as any action subjectively believed by the appellant to be ‘religious in nature’.”
The question that emerges from this case is whether all religiously motivated activities, such as the pasting of biblical quotes on one’s office desk, are protected under the Free Exercise Clause. It can be taken further to include whether any action that has personal religious meaning should be covered under the Free Exercise Clause.
Looking at it from the perspective of the courts, it could be understood that practicing one’s beliefs in any manner can be seen as a slippery slope. Someone can say that human sacrifice is an expression of their personal faith, and as such, cannot be attacked as illegal due to 1st Amendment protections. On the point of this instance leading to a slippery slope, I agree with the court’s ruling. The issue that emerges for me is that many people express their beliefs in various different ways that are held as constitutional even though it isn't considered “part of a system of religious belief”. For example, on street corners in almost any major city, protesters can be seen seeking to gain attention on the behalf of a certain issues. These issues can range anywhere from religious to social beliefs. Protesting isn't considered part of the religious system of any religion. However, these people are expressing their beliefs that are deemed as religious through this option that isn't covered by an established religious body. Thus, my opinion tends to side more with protecting the individual’s religious freedom.
I believe that the court ruled incorrectly in determining what is protected under the Free Exercise Clause. People should be allowed to express themselves religiously in whatever means that are appropriate for themselves. However, the slippery slope dynamic must be noted and certain stipulations to my opinion should be created in order to avoid the potential issues of having unlimited freedom to express oneself religiously. The means in which someone expresses themselves religiously should be protected as long as they are not harming society or any other individual. For this case, we can see that no harm was being committed to society or another individual. The actions of the appellant also do not harm a compelling state interest, and there are no social restrictions (such as a law or common social norm) which would restrict the appellant. While the appellant’s religious activities in this case can be seen as not harmful, others could try to evoke more violent or hurtful measures as personal religious practices. These activities should not be covered under the Free Exercise Clause. Since the appellant was only placing Bible quotes throughout her desk and it wasn't infringing on anyone else’s rights, she should have been granted protection under the Free Exercise Clause.
What are your own opinions of this case? Should unlimited personal religious exercise be seen as covered under the Free Exercise Clause of the 1st Amendment as long as it doesn't harm another’s basic rights? Has the court ruled appropriately in the decision for this case?
The case can be found at: http://religionclause.blogspot.com/2015/03/court-martial-conviction-for-refusal-to.html
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