Home | Community | Message Board


Kratom Eye
Please support our sponsors.

Feedback and Administration >> Shroomery News Service

Welcome to the Shroomery Message Board! You are experiencing a small sample of what the site has to offer. Please login or register to post messages and view our exclusive members-only content. You'll gain access to additional forums, file attachments, board customizations, encrypted private messages, and much more!

Jump to first unread post. Pages: 1
OfflineMikeOLogical
Doctor ofShroomology
 User Gallery

Registered: 01/31/04
Posts: 4,132
Loc: florida
Last seen: 5 months, 12 days
Florida's High Court Affirms Religious Freedom
    #3171762 - 09/23/04 09:47 PM (13 years, 7 months ago)


no link available


Florida's High Court Affirms Religious Freedom Entitled to Expanded
Protection

By Allie Martin and Jody Brown
September 8, 2004

(AgapePress) - The Florida Supreme Court has ruled that the state's
Religious Freedom Restoration Act expands protection for religious freedom.
The court said religious freedom in the Sunshine State is entitled to
greater protection than that guaranteed under the U.S. Constitution.

Earlier this month, the Florida Supreme Court issued an opinion in the case
of Warner v. City of Boca Raton stating that the Florida Religious Freedom
Restoration Act (FRFRA) "expands the scope of religious protection beyond
the conduct considered protected" by cases from the U.S. Supreme Court. "We
also hold that under the Act, any law, even a neutral law of general
applicability, is subject to the strict scrutiny standard where the law
substantially burdens the free exercise of religion," the court stated.

The court explained that a religious belief is substantially burdened if the
government either "compels the religious adherent to engage in conduct that
his religion forbids, or forbids him to engage in conduct that his religion
requires." In addition, the court stated that "a person must only establish
that the government has placed a substantial burden on a practice motivated
by a sincere religious belief."

What that means, according to an example offered by Florida-based Liberty
Counsel, is that a person can have a religious belief in home schooling even
if that approach to education is not an expressly stated doctrine of the
person's church.

Mat Staver, president and general counsel of Liberty Counsel, drafted and
lobbied for the FRFRA in 1998, and had also filed an amicus brief with the
state's high court explaining the legislative intent of the Act. He expects
the ruling to have a major impact on other states.

"This is a great sign for other states that don't have similar religious
freedom laws to pass those laws," the attorney says. "Protecting the free
exercise of religion is one of the first duties of government. The greatness
of government can be measured by its commitment to protecting religious
freedom."

Staver believes the ruling will send a "green light" to other states to pass
similar laws because it "resoundingly affirm[s] that states can pass
legislation -- and that courts must abide by this additional protection."

According to Liberty Counsel, the high court cited two zoning cases in its
decision -- one which involved a Baptist church that wanted to expand its
Christian school, and another involving a feeding program for homeless
people. The court approved the latter, which acknowledged free exercise
rights, but disapproved of the case involving the Baptist church, which
rejected free exercise rights.

Liberty Counsel litigated -- and lost -- the Baptist church case, but also
won an almost identical zoning claim under FRFRA before the same appeals
court. Staver's firm says now that the Florida Supreme Court has sided with
its arguments that were rejected in the Baptist church decision, it intends
to reopen that case.
--------------


--------------------
We got Nothing!
we're no longer selling jars.  :laugh:


Post Extras: Print Post  Remind Me! Notify Moderator
OfflinemotamanM
old hand
 User Gallery
Registered: 12/18/02
Posts: 6,028
Last seen: 7 months, 10 days
Re: Florida's High Court Affirms Religious Freedom [Re: MikeOLogical]
    #3171996 - 09/23/04 10:28 PM (13 years, 7 months ago)



Post Extras: Print Post  Remind Me! Notify Moderator
Jump to top. Pages: 1

Feedback and Administration >> Shroomery News Service

Similar ThreadsPosterViewsRepliesLast post
* New Mexico hallucinogenic tea case
( 1 2 all )
veggie 7,479 22 02/23/06 02:47 AM
by veggie
* First Legal Marijuana Church Launches Due To Landmark Supreme Court Decision
( 1 2 all )
veggie 5,485 27 05/05/06 11:11 PM
by blaze2
* ABC News - Should Drug Laws Limit Religious Activities? Twirling 995 1 11/01/05 07:41 PM
by collegeshroom
* Supreme Court OK's Hallucinogenic Tea DNKYD 1,874 14 02/22/06 02:41 AM
by Wysefool
* U.S. Supreme Court Puts Hold on Hallucinogenic Tea in N.M. Church *update freakygurl 1,532 3 12/12/05 11:33 PM
by mycovolution
* Supreme Court Outlaws Medical Marijuana
( 1 2 all )
veggie 12,139 23 07/22/05 04:45 PM
by veggie
* Illegal pills flood Central Florida motamanM 3,936 10 08/07/03 01:21 AM
by MsPacMan
* Utah Supreme Court allows use of peyote by non-Indians motamanM 1,454 7 06/25/04 05:21 PM
by GGreatOne234

Extra information
You cannot start new topics / You cannot reply to topics
HTML is disabled / BBCode is enabled
Moderator: motaman, karode13, Alan Rockefeller, naum, Mostly_Harmless
804 topic views. 0 members, 4 guests and 3 web crawlers are browsing this forum.
[ Toggle Favorite | Print Topic | Stats ]
Search this thread:
Crestline Sales - MycoPath
Please support our sponsors.

Copyright 1997-2018 Mind Media. Some rights reserved.

Generated in 0.026 seconds spending 0.005 seconds on 19 queries.