emilynghiem
Constitutionalist / Universalist
I'm not considering this issue in a political arena, only in a sociological one. However, as a side track, I do think your view on government's role is overly narrow. My own moral value may well be that I can take whatever I like and shoot you in the back of the head if you object. I think a valid argument can be made to restrict government's influence over our lives, but it does more than protect your freedom to express your values.
The question of religion in the public arena is overblown, imo. The essence of freedom of speech and religion is that it not be infringed. Under those conditions it is inevitable that one is going to be exposed to both speech and religion to which we do not ascribe and may vehemently oppose. It is inevitable that social standards are going to apply based upon the beliefs of the majority. You cannot have freedom of religion and freedom from religion at the same time.
Disagree. The First Amendment states both that neither should government establish (impose) religion nor prohibit the free exercise thereof. There is also the Fourteenth Amendment on equal protection from discrimination by creed.
The best way to explain how to have both at the same time is self-government.
That people exercise by free will and do not rely on govt to either impose or ban, or regulate it either way!
We must choose to regulate ourselves.
If we CHOOSE and AGREE to laws through govt, that is not govt imposing on people
but representing contracts we make by agreement before passing into law.
So in order to regulate religion from dangerous practices, such as killing people by belief as you offered as an example, we simply teach or may require that all citizens and incorporated groups follow the same laws of equal protections
and due process that the govt follows, if they want to invoke those same rights.
You cannot break civil or criminal laws, and then use these same laws to claim religious freedom; that cannot be "taken out of context" with the rest of the laws.
So we just need to establish this agreement by consent, and it's not govt imposing on our religion, it's us agreeing that religious freedom is still within the rest of the laws for everyone that we agree to follow as citizens.
So no fair invoking First Amendment rights to free this or that while violating the same of others.
(so if someone does not believe in being killed, then you cannot kill them just because you believe in it)
Religious issues would be settled by consensus so that nobody's consent or beliefs are violated,
but all are equally protected by law. This would allow a self-check without relying on govt to mandate for us.
Also this would clean up the criminal justice system, if people who want defense and due process
cannot obstruct it for others by withholding information. if you want free speech and the right to petition to
mediate your own defense and negotiate a fair settlement, sentence, penalty or restitution, you would
have to work with authorities and respect the right to petition of the victims of your crimes, abuse or debts/damages
caused, so that all people's due process, right to petition to redress grievances, and beliefs on justice are represented.
Not everyone believes in this level of Restorative Justice.
But for those who do, it should be a valid choice since it is a belief, and that should be protected by law.
The only thing missing is people need to pay for their own beliefs
and not expect others to pay who believe in Retributive Justice.
So the people for or against the death penalty or who believe in rehab and restitution to victims
should be arguing, as I have been, to separate the funding and exercise religious freedom
to pay for Restorative Justice alternatives.
That is one example of ways that we can have religious freedom within govt,
by exercising voluntarily and not imposing responsibility or costs on anyone else.
I believe gay marriage should be separated from govt also,
to prevent either side or beliefs from imposing on the other.
If conflicts are removed from state jurisdiction, and left to the people to decide by consensus or separate, you can have
both religious freedom and freedom from religion which is what our laws are supposed to protect anyway.