Not all Expressions of Purported Religious Beliefs are Protected by the First Amendment, Cavanaugh v. Bartelt, Docket No. 4:14-cv-03183-JMG-CRZ Doc # 47 Filed: 04/12/16

By Eric Marcy |   Apr. 18, 2016

The Dismissal of Federal and State Civil Right Claims

Federal District Court Declines to Protect the Church of the Flying Spaghetti Monster [FSM]
In an entertaining, thoughtful, and well-reasoned decision the Honorable John M. Gerard, United States District Judge, for the District of Nebraska, has defined the limits of the First Amendment in the recognition of religion and the protections afforded by Federal and State constitutional and statutory provisions protecting the Free Exercise of Religious Beliefs. Judge Gerard wades into the murky waters of what defines a “true” religion that is worthy of protection. In this case, the court engaged in an analysis of the tenets of an inmate’s assertion of religious belief and dismissed a lawsuit brought by the inmate. The court concluded that the Church of FSM is “satire” and not worthy of consideration as a religion or the protections afforded religious belief under Federal and State law. This case demonstrates that the Federal judicial system will not hesitate to determine the legitimacy of the assertion of personally held religious beliefs. An inmate at a Nebraska State Penitentiary filed a lawsuit in the District of Nebraska advancing the Federal and State Claims which protect the free exercise of religious beliefs. The Plaintiff alleges violations of the religious freedom provisions of: Read More

Topics : Constitutional Rights, Civil Rights Litigation, prisoner rights, free exercise of religion, civil rights, first amendment | 0 Comments Read More

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