RELIGION AND THE UNITED STATES CONSTITUTION

Religion and the United States Constitution

Religion and the United States Constitution

Thesis Statement

There lives inside our humanity, two very distinct associations, both with very exact agendas.

Problem Statement

Ideally, two assemblies of dissimilar goals should find an agreeable middle ground. Unfortunately, those things that only live in a perfect world do not live in ours. The United States government, shattering into details, the California Supreme Court is the first group. According to Article I, Section 4 of the California State Constitution, their blame is to support that "Free workout and pleasure of belief without discrimination or fondness are guaranteed.

Analysis

This liberty of conscience does not apologize actions that are licentious or inconsistent with the calm or security of the State. The Legislature will make no regulation highly regarding an establishment of religion (Samaha 2002). For all intents and reasons, this declaration is a run-on acclimatized from Article I of the Constitution. The second assembly to be addressed is Catholic Charities of Sacramento, Inc. It has wellbeing protection treatment with prescription pharmaceutical advantages for its workers, who comprise a varied assembly of devout faiths." At this issue, it is only natural to inquire why a difficulty has erupted between these two groups. The topic at hand is contraception.

The devout tenets of Catholicism sustain that utilizing contraception is a serious sin, and is extrinsically evil. However, a statute lives that nearly rules California employers. If a California boss boasts wellbeing protection or disability protection, that encompasses prescription pharmaceutical treatment, the boss should choose a protection provider that furthermore encompasses prescription contraceptives. Being the present position, the California Supreme Court lately perceived Catholic Charities of Sacramento, Inc., v. Superior Court for the State of California in and for the County of Sacramento. Catholic Charities petitioned that if they were compelled to supply prescription contraceptive treatment it would impermissibly problem their genuinely held devout convictions, thereby violating the devout flexibility assurances of both the United States Constitution, and the California Constitution (Mark 2006).

If Catholic Charities were adept to classify itself as a devout boss, this would not even be an issue. However, outcomes from preceding activities have made them incapable to do so. The court has directed that because Catholic Charities furthermore presents secular services, or services unassociated with belief, they are not exempt from the limits put on other California employers. Catholic Charities is a faith-based, nonprofit association, but because they furthermore offer diverse therapy services, low-income lodgings, and immigration transition help, they are not firmly a "religious employer (Hamilton 2005)."

During the proceedings, Catholic Charities and those who talked on their behalf inquired for a "conscience clause" to be supplemented to the employers statute that would permit those associations incapable to rendezvous the criteria of a "religious employer" to deny contraceptive treatment if it violates the employers devout beliefs. The court answered by transient an alike exemption. However, the court set up four exact limits for an association to specify for this new exemption. To specify, a boss should rendezvous all four scrupulous ...