Supreme Court Refuses to Hear NM Photographer’s Appeal

Marriage, Religious Freedom, , , ,

An appeal from a New Mexico photographer sued for refusing to photograph a same-sex “commitment ceremony” will not be heard by the U.S. Supreme Court.

Elane Photography appealed to the court after a lower court ruling left Elaine Huguenin with hefty fines for refusing to compromise her religious beliefs.

Recent polling has shown as many as 85% of Americans believe photographers should be free to decline photographing a same-sex wedding.

From Alliance Defending Freedom:

The U.S. Supreme Court Monday declined to hear Elane Photography v. Willock, the case of a photographer who was told by the New Mexico Supreme Court that she must, as “the price of citizenship,” use her creative talents to communicate a message with which she disagrees or suffer punishment.

…

“Only unjust laws separate what people say from what they believe,” said Alliance Defending Freedom Senior Counsel Jordan Lorence. “The First Amendment protects our freedom to speak or not speak on any issue without fear of punishment. We had hoped the U.S. Supreme Court would use this case to affirm this basic constitutional principle; however, the court will likely have several more opportunities to do just that in other cases of ours that are working their way through the court system.”

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Updated Policy for Religious Expression in the Military

Religious Freedom, ,

Last week the U.S. Department of Defense (DOD) approved a new policy to allow accommodation for religious expression in the military.

“The new policy states that military departments will accommodate religious requests of service members, unless a request would have an adverse effect on military readiness, mission accomplishment, unit cohesion,” U.S. Navy Lt. Cmdr. Nathan Christensen, a Pentagon spokesman, said.

The policy was mainly expected to affect Sikhs, Muslims, Jews, and members of other groups that wear beards or articles of clothing as part of their religion.  Accommodation will have to be requested with each change in assignment and will be determined by the new unit’s commander to assure that physical appearances “do not interfere with good order and discipline.”

Many are cautiously optimistic that the DOD’s new directive will protect service members’ freedom to practice and express their faith.

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Words From Our Founders: George Mason, Part 2

Words From Our Founders, , ,

Today we continue our Words From Our Founders series examining the Founding Fathers’ own words on religion, religious liberty, and virtue.

Last week we wrote about George Mason’s work on the Virginia Declaration of Rights and ultimate influence on the U.S. Bill of Rights. Below is the original draft Mason wrote  concerning virtue and religious freedom for the Virginia Declaration of Rights. It offers a little more insight into Mason’s beliefs about God and the free exercise of religion.

George Mason’s Original Draft (written May 20 – 26, 1776):

A Declaration of Rights, made by the Representatives of the good People of Virginia, assembled in full Convention; and recommended to Posterity as the Basis and Foundation of Government. …

That no free Government, or the Blessings of Liberty can be preserved to any People, but by a firm adherence to Justice, Moderation, Temperance, Frugality, and Virtue and by frequent Recurrence to fundamental Principles.

That as Religion, or the Duty which we owe to our divine and omnipotent Creator, and the Manner of discharging it, can be governed only by Reason and Conviction, not by Force or Violence; and therefore that all Men should enjoy the fullest Toleration in the Exercise of Religion, according to the Dictates of Conscience, unpunished and unrestrained by the Magistrate, unless, under Colour of Religion, any Man disturb the Peace, the Happiness, or Safety of Society, or of Individuals. And that it is the mutual Duty of all, to practice Christian Forbearance, Love and Charity towards Each other.

Final Draft Ratified in Virginia on June 12, 1776

Made by the Representatives of the good People of Virginia, assembled in full and free Convention, which rights to pertain to them and their posterity as the basis and foundation of government. …

XV. That no free government, or the blessing of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality and virtue, and by a frequent recurrence to fundamental principles.

XVI. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the duty of all to practice Christian forbearance, love and charity towards each other.

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