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Pages:
5 pages/≈1375 words
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6 Sources
Style:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
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Topic:

The First Amendment has Two Provisions Regarding Religion

Essay Instructions:

They must be a minimum of 230 words each questions. The corporate concepts should consist with NJ statue regulatory that each court case must provide the "Which test did apply for making the argument in the court and why did the court reject or agree on this argument ", and constitutional fundamental legal reasoning---> This is for making the legal analysis
There are 5 writer that discussed their argument that you are going to provide the critical legal analysis that are consist with our reading lists.
Here are the reading lists:
The following is a list of the readings for Week 4 of this course:
1. Cal Fam. Code §§ 6925-6928
2. Anspach v. City of Philadelphia (2007)
3. Planned Parenthood v. Farmer
4. In re E.G. (Ill. 1989)
5. English & Ford, The HIPAA Privacy Rule and Adolescents
6. HIPAA Privacy Rule and Sharing Information Related to Mental Health (2017)

Essay Sample Content Preview:

The First  Amendment has Two Provisions Regarding Religion
The First Amendment has two provisions regarding religion. The Establishment Clause prohibits the government from "establishing" a religion. As such, this is meant to ensure that there are no state-sponsored religious institutions. The second provision is the Free Exercise Clause which protects the people's right to practice their religion as they want, as long as they do not go against "public morals" or "compelling" government interests. An example is Prince v. Massachusetts, 321 U.S. 158 (1944), where the Supreme Court indicated that the State could not force the inoculation of kids whose parents' religious beliefs did not allow such. At the same time, the Supreme Court maintained that the State has an overriding interest in ensuring public safety and protecting public health.
Where a court establishes that a law infringes on a fundamental constitutional right, it is expected to apply the strict scrutiny standard. The government must prove that the law is required to attain a "compelling state interest." At the same time, the government must demonstrate that the regulation is "narrowly tailored" to attain the compelling aim. Further, the law should use "less restrictive methods" to attain the outlined objectives. A court may declare the law unconstitutional if the government cannot show these conditions.
In examining the neutrality of law, the court should consider various factors. Firstly if the law restricts a religious practice due to its religious nature, it violates the threshold of neutrality. Additionally, the law must not restrict religiously motivated conduct while exempting comparable secularly motivated conduct. Hence, I support the idea that for a law to maintain neutrality, it must not lean on either the medical side of the religious one. Where it provides an exception for a medical exception, then it must also make another one for religion. Otherwise, such a law would not survive the strict strictness.
I favor religious exemptions to vaccination because of several factors. Firstly, the First Amendment requires the State to accommodate members of religious groups who object to vaccination because of religious grounds. Again, government neutrality requires religious accommodation where the State offers secular exemptions. The states must maintain exemptions from mandatory vaccinations, which means they allow secular exemptions. In the same way, religious exemptions must be provided. If states include secular exemption and exclude religious beliefs, they violate strict state neutrality, which the First Amendment requires.
It is important to appreciate that healthcare providers have to minimize the spread of diseases and protect their patients. Vaccination is an effective way for healthcare workers to fulfill this duty. However, the State cannot force someone to forgo their religious beliefs to enforce this. For instance, the Biden administration's vaccine requirement for healthcare workers started in February 2022. However, the requirement provided the workers with religious exemptions after filling out the necessary form. The requirement indicated that healthcare workers either get vaccinated or have a hospital religious or medical exemption....
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