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Someone inevitably becomes responsible for making that judgement call, and a record is thereby built up of the "State's interpretation of your religion" Ergo,
by salawat 5y ago
Someone inevitably becomes responsible for making that judgement call, and a record is thereby built up of the "State's interpretation of your religion"
Ergo, you have freedom of whatever the State decides your religion is... which is not compatible with Separation of Church and State.
These constitutional matters are so much thornier than they appear at first glance. I tell people this often.
- hash872 5y agoI mean, judges in developed countries make these kind of judgement calls all the time, probably dozens of times a year in a country the size of the US. There's tons of well-developed common law around what is a legitimate expression of religion, what isn't, etc. Easily over 30 Supreme Court cases on this over the last couple of centuries. If I assert that I have a religious exemption to stop signs, taxes, gun laws, anti-discrimination laws, securities laws, etc. etc. judges can & do 'decide [what] your religion is', as you put it. Unless you assert that literally zero laws apply to the religious, there's just no way around judges actually making these decisions