Comments on: Nose-rings as Religious Expression

By: carouser

carouser — Sat, 18 Sep 2010 01:39:40 +0000

Though a bit unusual, if we’re to take the right to worship freely as ‘serious,’ who’s place is it to decide which abstractions are ‘real’ and which are mere fancy?

http://scallywagandvagabond.com/2010/09/north-carolina-teenager-suspended-from-school-her-nose-piecing-claims-its-part-of-her-religion/

By: Ray Ingles

Ray Ingles — Fri, 17 Sep 2010 15:38:01 +0000

ER –

Applying these two rules, an ethical society that has no belief in the transcendent cannot claim free exercise rights under the US Constitution, nor can a parodist claim rights to free exercise.

Right on the latter – a parodists’ beliefs are not sincerely held – but I’d like to see you elaborate on the former. Atheists have qualified for conscientious objector status since a case in 1968.

By: ER

ER — Thu, 16 Sep 2010 21:22:05 +0000

The key under the law to evaluating whether a group is religious or not is (a) the beliefs they claim are sincerely held; and (b) the beliefs occupy the same place in their lives that belief in God occupies in the lives of those who believe in God. (The latter point is from a case called United States v. Seeger.)

The problem of insincere claimants is a recurring one. It happens a lot in the context of prison religious exercise, and also happens with respect to military conscientious objection cases. There are fewer cases where a non-religious group claims religious rights.

Applying these two rules, an ethical society that has no belief in the transcendent cannot claim free exercise rights under the US Constitution, nor can a parodist claim rights to free exercise. There has to be a connection between the forum externum (what the rest of us can see) and the forum internum (one’s conscience). Courts and the military routinely turn down claimants who claim religious freedom but are insincere.

The main issue in the Church of the Body Modification cases (this is not the only one) is whether the belief is sincere or not. Thus far few have been found to be sincere.