Right Of Freedom Of Religion example essay topic

Freedom of Religion gives one the right to practice their religion without it being sanctioned by the state. Children should not be forced to salute the flag. The First Amendment gives everyone the right of freedom of religion. This right should be protected at all times. The pledge of allegiance is also not the best or only way of showing faith in ones country. The pledge should not be a requirement because of the fact that it does not necessarily prove or disprove submission to the laws of the country.

The state does not have the right to require children to salute the flag because the First Amendment protects freedom of religion and because saluting the flag is not a suitable form of showing allegiance. The First Amendment of the United States says that, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof (US Const. ). The First Amendment of the Constitution was designed to protect people like the Gobitis children from having their rights infringed.

The religion of the Gobitis children was that of the Jehovahs Witness. A key part to their religion was that the Bible as the Word of God is the supreme authority. (Minersville vs. Gobitis). Thus to the Gobitis children, saluting the flag was if they were bowing down before a graven image and against their religion. The children were expelled from school for refusing to salute the flag. Their father and the children were thus denied the right to public education.

Similar cases took place as other children refused to salute the flag based on their beliefs. The First Amendment was meant to stop this discrimination. Why should a religious group not be allowed to have the same privileges as another simply because of their religious beliefs According to Justice Stone, by thi law the state seeks to coerce these children to express a sentiment which, as they interpret it, they do not entertain, and which violates their deepest religious convictions (Minersville vs. Gobitis). Thus this law clearly violates the rights that these children had to have free exercise of their religion. Justice Stone also said in his dissent that he does not believe that the country is better served by their conformity to the observance than by their religious liberty. The Constitution does not prescribe a pledge of allegiance, it does call for freedom of religion.

The First Amendment should protect the rights of those children who wish not to salute the flag. The pledge of allegiance is not a true indicator of respect of the government of the United States. The state should thus not base the requirements for attending school upon this pledge. The pledge of allegiance was a statement originally printed in 1892 by the magazine Youths Companion (Pledge). It was not written by a great political figure, but merely a staff member of the magazine. As Justice Stone said about the students, they are ready and willing to obey all the laws which do not conflict with what they sincerely believe to be the higher commandments of God (Minersville vs. Gobitis).

The students believe in the country and its laws, why should a law that violates their religion put them into exile The supreme court has changed its ideas about religion over time, so how can anyone decide what is right for the country (Freedom). The court eventually reversed its decision in the case of West Virginia State Board of Education vs. Barnette (Barnette). This decision stated that compelling the flag salute and pledge, transcends constitutional limitations on the states power and invades the sphere of intellect and spirit which is reserved from state control by the First Amendment (qty. in Barnette). It is obvious that the actual pledge and not any lack of loyalty was at issue as the parents in the Barnette decision offered substitute pledges which did not make the flag an image (Barnette). Children should not be forced to salute the flag in school because the salute and pledge do not prove loyalty to the country. This act can in some cases undercut their freedom of religion.

If the child chooses not to do so, there should be no punishment placed upon them.

Bibliography

Barnette. Internet. Online. web (Accessed 13 March 1998).
Freedom of Religion. Grolier Multimedia Encyclopedia. CD-ROM. Grolier. 1995.
Minersville School Dist. vs. Gobitis, 310 U.S. 586.1940.