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Religion
In reply to the discussion: Should Marijuana Be Legal for Religious Purposes? [View all]muriel_volestrangler
(106,438 posts)29. The summary seems to be:
The definition of "religion" used in employment discrimination cases
is crucial because, as noted supra, it determines who is protected and who
is not. Therefore, defining religion "is more often than not a difficult and
delicate task." There is currently no consensus on how to define religion
in this context.
is crucial because, as noted supra, it determines who is protected and who
is not. Therefore, defining religion "is more often than not a difficult and
delicate task." There is currently no consensus on how to define religion
in this context.
As far as 'legitimate' beliefs and practices goes, it says beliefs should be held "with the strength of traditional religious views" to be considered religious. But there doesn't seem to have been a definitive decision about marijuana use by Rastafarians, so I can't see that we have a sturdy summary that lawyers agree on.
Last year, the Ninth Circuit, which includes our Rastafarian's Golden State, heard a lawsuit that seeks permission to smoke marijuana for religious purposes. In its lawsuit, The Oklevueha Native American Church of Hawaii sought a declaratory judgment affirming the legality of its members' religious marijuana use. But there's no clear answer yet, as the case was sent back to the lower court to determine the church members' constitutional and statutory entitlement to use marijuana for religious purposes.
http://blogs.findlaw.com/legally_weird/2013/05/new-twist-in-rastafarians-religious-pot-case-where-is-he.html
http://blogs.findlaw.com/legally_weird/2013/05/new-twist-in-rastafarians-religious-pot-case-where-is-he.html
In what circumstances does a practice become more acceptable because we believe the actor is doing for a religious reason?
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If something is "legal" for a religious purpose, then it is "legal" for all purposes.
cleanhippie
Aug 2013
#1
He didn't. Perhaps you can explain why communion wine should have been outlawed during Prohibition.
rug
Aug 2013
#7
Perhaps you can explain why a substance that is illegal for everyone should be legal for
cleanhippie
Aug 2013
#17
Someone tried starting a religion that required the sale of alcohol? They were allowed to?
muriel_volestrangler
Aug 2013
#8
The criteria for what is or is not a legitimate religious purposes, old or new, is well-established.
rug
Aug 2013
#18
And yet Rastafarians, although obviously not a religion just created for marijuana use,
muriel_volestrangler
Aug 2013
#33
If it hasn't been applied in a specific case, then it's not been generally applied
muriel_volestrangler
Aug 2013
#36
The 1st Amendment does not talk about 'legitimate religious purposes'
muriel_volestrangler
Aug 2013
#40