Sunday, December 9, 2007

The boundary between religion and law

A recent blog post at the New York Times talks about when it's acceptable to ban a religious practice. Whether it's polygamy, animal sacrifice, or lighting candles.

Turns out my homeboy John Locke pretty well sorted this out back in the day. If you're not banning something BECAUSE it's religious, the ban is ok. Otherwise, people should be free to worship as they desire. If the ban on killing goats is because of a goat plague, then no goats may be killed, no matter what your religion. If the only goats involved are religious, and there's no reason to ban it except I hate dirty satanist goat-sacrificers, we should allow it.

What I wonder about it cases where it's not clear. Does anyone use peyote for non-religious purposes? How can you prove the government's banning it just because they don't like drugs, not because it stops native religious practices?

I can't think of a religious practice of mine that could be banned, but I would rather make sure it doesn't get close to that.

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