by Valentine Logar

Created on: February 06, 2008   Last Updated: January 05, 2009

Naturally, no individual should be forced to go against his or her conscience in matters of commerce. Under our laws, each person is guaranteed the rights to worship and pursue his or her personal religious beliefs without interference. Each person is also guaranteed the right to the pursuit of happiness and the pursuit of lawful business or vocational opportunities as part of that pursuit.

In later amendments, no person can be discriminated against because of their Race, Gender, Religion, Disability, and Veteran Status. These protections against discrimination ensure that personal choices regarding religious beliefs will not prevent a person from obtaining legitimate employment in their chosen profession.

The US Bill of Rights provides for the specific freedoms of the State, the Federal government, and the individual. The specific Amendment of the Bill of Rights that is pertinent to this debate, it is the First Amendment and reads as follows:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Based on this a person is free to follow any religion they choose without interference from the government. Further the government may not establish a common religion as the standard for the country, thus we are not a Christian nation as some claim instead we are a nation of many religions with a secular government.

Finally, one other component of our national framework necessary to this discussion is the Declaration of Independence. In the preamble of this hallowed document, it is stated:

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, which among these are Life, Liberty and the pursuit of Happiness."

As far back as 1884 with the landmark Butchers Co. vs. Crescent City Co. the courts have determined; "The right to pursue any lawful business or vocation, in any manner not inconsistent with the equal rights of others, which may increase their prosperity or develop their faculties, so as to give them their highest enjoyment."

The courts have said repeatedly however that the rights of life, liberty, and pursuit of happiness are unalienable based upon the Declaration of Independence. While the courts continue to revise and build upon previous precedence, one overriding

• 1
• 2
• 3
• Next Page >>