InterviewSolution
Saved Bookmarks
| 1. |
To mediate the competing claims of individuals, communities and the state, very early on in its history, the Supreme Court invented something that it called the “essential religious practices test”. Under this test, ostensibly religious practices could gain constitutional sanction only if — in the view of the Court — they were “essential” or “integral” to the religion in question. In the beginning, the court emphasized that essential religious practices would have to be determined by taking an internal point of view, and looking to the tenets and the doctrines of the religion itself. In later years, however, the court began to take an increasingly interventionist stance, using the essential religious practices test to make wide-ranging — often untethered — claims about religions, and even trying to mold religions into more rationalistic and homogenous monoliths, while marginalizing dissident traditions. |
|
Answer» To mediate the competing claims of individuals, communities and the state, very early on in its history, the Supreme Court invented something that it called the “essential religious practices test”. Under this test, ostensibly religious practices could gain constitutional sanction only if — in the view of the Court — they were “essential” or “integral” to the religion in question. In the beginning, the court emphasized that essential religious practices would have to be determined by taking an internal point of view, and looking to the tenets and the doctrines of the religion itself. In later years, however, the court began to take an increasingly interventionist stance, using the essential religious practices test to make wide-ranging — often untethered — claims about religions, and even trying to mold religions into more rationalistic and homogenous monoliths, while marginalizing dissident traditions. |
|