Article 44.2.1-6 Essay

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1. Support for Free Practice Article 44.2 contains a set of guarantees, relating to religion that would be fairly typical in liberal democracies. Article 44.2.1-4 offers a number of protections to individuals. On the one hand, freedom of conscience and the free profession and practice of religion are guaranteed. On the other hand, the State cannot endow any religion, nor can the State discriminate on the grounds of religious, profession, belief or status. Moreover, the State cannot discriminate between schools under the management of different religions and children attending a school receiving public money cannot be forced to attend religious events at that school. Article 44.2.5-6 protects the religious denominations themselves from any State interference. Taken both articles together, these provisions would suggest that the State respects religion, but is neutral with respect to believers and non-believers. In McGee v Attorney General, the plaintiff sought a declaration that the law banning the importation of contraceptives was unconstitutional. One of her arguments was that the law infringed her freedom of conscience under Article 44.2.1. The Court rejected this claim as they did…show more content…
Schempp, both cases involved the reading of Bible passages prior to class in public schools. Schempp challenged a Pennsylvania law that stated that, "at least ten verses from the Holy Bible shall be read, without comment, at the opening of each public school day. Any child shall be excused from such Bible reading, or attending such Bible reading, upon written request of his parent or guardian." This was disallowed by a federal district court. Murray challenged the requirement of the Baltimore school board that the Lord's Prayer be recited prior to the beginning of the day's classes. This was upheld by both a state court and the Maryland Court of Appeals. The Court ruled 8-1 against of allowing the reciting of the Bible verses and the Lord's
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