Next Article in Journal
Medieval Muslim Cuisine as A Real-Life Foundation for the Meat and Milk Prohibition in Ibn Ezra’s Biblical Commentary
Next Article in Special Issue
Criminal Desistance Narratives of Young People in the West of Scotland: Understanding Spirituality and Criminogenic Constraints
Previous Article in Journal
“I Am Afraid of Telling You This, Lest You’d Be Scared Shitless!”: The Myth of Secrecy and the Study of the Esoteric Traditions of Bengal
Previous Article in Special Issue
Women’s Engagement with Humanist, Spiritual and Religious Meaning-Making in Prison: A Longitudinal Study of Its Impact on Recidivism
Article Menu
Issue 6 (June) cover image

Export Article

Open AccessArticle
Religions 2018, 9(6), 173; https://doi.org/10.3390/rel9060173

Spiritual Occlusion and Systemic Integrity: Legal Evaluations of Due Process Protections and Freedom of Religious Expression and Practices Safeguards

Department of Criminal Justice and Legal Studies, Washburn University, Topeka, KS 66621, USA
*
Author to whom correspondence should be addressed.
Received: 8 May 2018 / Revised: 22 May 2018 / Accepted: 23 May 2018 / Published: 26 May 2018
(This article belongs to the Special Issue Religion and Crime: Theory, Research, and Practice)
View Full-Text   |   Download PDF [213 KB, uploaded 26 May 2018]

Abstract

As is the case with other constitutionally protected rights, the freedom of religion is not unlimited nor without restriction or constraint. Rather, the courts have long held that the state may have legitimate reasons for placing reasonable restrictions on the otherwise free exercise of religious practice. The courts have also held that the state cannot restrict religious practice in a capricious or gratuitous manner. However, the courts have also held that individuals have a constitutional right to due process legal protections. In many instances, these two freedoms exist independently of each other. In instances when they intersect, conflict may result from one right seeking hegemony over the other. In instances such as these, the courts may have to resolve conflicts by establishing legal principles and precedents regarding which of these constitutional protections will be granted contextual prominence over the other. Thus far, the legal evaluation of this important question has been confused at best and contradictory at worst. This has resulted in a number of substantive outcomes that pose significant challenges to the practice and application of both rights and an underlying avoidance of broader constitutional questions. View Full-Text
Keywords: religious law; freedom of religious expression; freedom of religious practice; due process protections; intrinsic religious orientation; extrinsic religious orientation; first amendment; second amendment religious law; freedom of religious expression; freedom of religious practice; due process protections; intrinsic religious orientation; extrinsic religious orientation; first amendment; second amendment
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).
SciFeed

Share & Cite This Article

MDPI and ACS Style

Jolicoeur, J.R.; Memmer, A. Spiritual Occlusion and Systemic Integrity: Legal Evaluations of Due Process Protections and Freedom of Religious Expression and Practices Safeguards. Religions 2018, 9, 173.

Show more citation formats Show less citations formats

Note that from the first issue of 2016, MDPI journals use article numbers instead of page numbers. See further details here.

Related Articles

Article Metrics

Article Access Statistics

1

Comments

[Return to top]
Religions EISSN 2077-1444 Published by MDPI AG, Basel, Switzerland RSS E-Mail Table of Contents Alert Logo copyright Steve Bridenbaugh/UUA
Back to Top