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Are the rights provided under the 1st Amendment to the constitution absolute?
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Are the rights provided under the 1st Amendment to the constitution absolute?

Congress can make no law ' prohibiting the free exercise ' of the right to religion. Yet the Mormon Church membership is prohibited from the practice of polygamy- a practice afforded by their religious belief!


    




Lawyer X
Rating
No rights are absolute. (Yelling "fire" in a crowded theater, for example.) Religious practices that violate neutral laws that have have a legitimate purpose can be illegal: Including laws against polygamy, human sacrifice or other forms of abuse, etc.


lastworkerbee
Rating
And the US Supreme Court agreed in Reynolds vs US in the 1880s.

Your church can actually make any rules it wants without interference.

If you as a member do something that breaks a civil law, you go to jail - even if your church told you it was ok.

Breaking the law because of religion has never been allowed If it were, there would be Holy Church of Bank Robbers and the jails would be empty.


laughter_every_day
Despite the absolute terms, the first amendment has never been construed in absolute terms. If you form a religion that calls for human sacrifice, the government can prohibit that by passing laws prohibiting murder. BTW, polygamy was never required by the mormon church. It was simply allowed.


robert f
It should be as close to absolute as possible. I have no problem with polygamy. As long as its a free choice between adults.


American Vet
Rating
You are guaranteed NO RIGHTS. You have some because the government hasn't decided to take them away yet. Think back...You have lost a lot in the last 20 years.


Ed F
Rating
As you pointed out, nothing is absolute.


des
no they can be changed if need.


tabbi8407
as much as I don't understand how people can live that way, i'd be all for allowing polygamy.....to be honest I know a couple of happily married swingers (again, i dont get it but to each his own)....Not that polygamy and swinging is the same thing....but essentially... not being upset with your significant other sleeping with others.....

I just really can't fathom why anyone would want more than one mother-in-law?? j/k, j/k....


tehabwa
Rating
There are numerous restrictions on the various clauses of the First Amendment, including the religion clause.

If I establish a church that requires members to murder a person each month, that would be prohibited.

Native Americans have fought in courts to use drugs in their ceremonies.

So, no, the rights are not absolute, except the part about government forcing religion on us.





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