Free Exercise of Religion
California has always had a wide variety of religious traditions. The State Constitution. guarantees free exercise and enjoyment of religion without discrimination or preference, so long as one is not licentious or a threat to peace and safety.
But there can be problems for those who want to put a radio ministry in the church basement, for those who have a faith-based objection to a coronor's autopsy of a deceased relative, for children who's headgear violates their school dress code, and for congregations that want to build a church or mosk that exceeds local height limits. Jails sometimes decline to provide kosher food, and prison grooming regulations make no allowance for religious practices which require long hair or beards, no matter how clean and well-kept they may be.
Because there is no statute that describes the right to religious free exercise, the State Constitution now prohibits many public officials from making reasonable execptions to rules which, when applied uniformly, impinge on spiritual practices.
Federal legislation, the Religious Land Use and Institutionalized Persons Act of 2000, was enacted to deliniate the rights for prisoners and for religious organizations in land use matters.
Interpretation of the Act is being contested in numerous court actions:
State legislation was proposed in 1998, but vetoed by the governor. For further information see the FCL Newsletter, March, 1998..
Thomas v Anchorage ERC, a Federal (9th Circuit) case, rules on the right of a landlord to decline on religious grounds to rent an apartment to an unmarried couple. East Bay Asian Development Corp. v. California is a state court (3d. District) decision on the validity of a statute which permits a church to be exempt from historic building protection requirements. Silo v. CHW Medical Foundation rules on the ability of a religious entity to control prosyletizing among its employees.
Federal legislation regarding religious freedom of Native Americans suggests some approaches.
Religious Freedom Restoration Act, court decisions, state and federal legislation.
Links to FACT religious freedom resources.
People for The American Way review national action on religion and the First Amendment.
psychoactive sacramentals Council on Spiritual Practices (1994)
Friends Committee on Legislation
717 K St., Suite 500-B,
Sacramento, CA 95814-3406
(916) 443-3734
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