John Locke Update / Research Newsletter (Archive)

Two High-Profile Freedom of Religion Cases in North Carolina

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In the Spotlight

This week, North Carolina is getting attention for two high-profile cases involving freedom of religion. One case involves the establishment clause and the other case involves the free exercise of religion.

1. Veteran Gets Christian Flag Removed From a Memorial and Now Wants a Cross Removed as Well

An anonymous veteran complained to the city of King, North Carolina about a Christian flag that was part of a veterans’ memorial. This memorial is on public property. The city council, on the advice of the city attorney, took down the flag because the attorney said it violated the First Amendment.

Many people in the community didn’t like the city’s action, and there was a rally to protest the council’s decision to remove the flag. The veteran is now pushing things even further by complaining about a cross that is part of a small monument put next to the memorial by the American Legion.

My Take: The city did the right thing — this case actually doesn’t seem to be that complicated (in light of case law). That doesn’t mean the veteran is taking appropriate action (although I don’t want to discount his or her concerns), but from a First Amendment perspective, there likely isn’t much the city can do.

There also is pressure coming from organizations such as Americans United for Separation of Church and State who are threatening potential legal action if the city reverses its decision on the flag.

2. Teen Claims Right to Wear Nose Stud in School

A teenage student at Clayton High School claims she should be allowed to wear a nose stud because it is her way of expressing her religion — she is a member of the Church of Body Modification. The Johnston County school district says the nose stud violates the dress code.

When non-discriminatory laws have a discriminatory effect on individuals exercising their religion, things do get tricky because of muddled case law in this area. One thing that is important to point out, however: the government can’t be in the business of evaluating the merits of one religion over another.

Judicial Forum in Raleigh

The Triangle Chapter of the Federalist Society held a forum for North Carolina appellate judicial candidates. The John Locke Foundation sponsored the event.

To watch the forum and learn more about the judicial candidates, please click here.

Quick Takes

10 Questions to Test Your Knowledge of the Constitution

So, with all that said, let’s see on this Constitution Day if you know more about the U.S. Constitution than the typical college graduate. It shouldn’t be hard! Good Luck! Answers are below.

You can take the quiz here.

Daren Bakst is the Research Fellow in Agricultural Policy at the Heritage Foundation.  In this position, Bakst studies and writes about agricultural and environmental policy and property rights, among other issues.  He has done extensive work on the farm bill… ...

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