Quote:Original post by LessBread
Quote:Original post by frob
Quote:Original post by ChaosEngine Sorry, but why should religion get such a special status? If I said I have to wear a grass skirt as part of my culture, a workplace would be within their rights to dismiss me for not wearing suitable attire. But if I say it's for my religion, no matter how out there, it suddenly gains some special significance? |
That is exactly why I believe the dress code for the school district involved will remain unchanged regarding appearance; they will simply remove the religious exemption that probably shouldn't have been there in the first place.
|
It's about the first amendment. ChaosEngine gets a pass for not recognizing that immediately because he's not an American, but frob, you ought to see that straight away. It's also about the 14th amendment and the equal protection of law, in particular, laws that protect against discrimination on the basis of religion. |
I don't see it. The first, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... The 14th covers many things, but I assume you mean that states are subject to the same rules as Congress in this regard.
The school district (a public school so subject to the governmental requirements) did not say anything about the religion, nor did they prohibit the religion.
Instead they have Time/Place/Manner restrictions, which are generally legal: During school and at school events, a particular dress code applies. Their community standards tend to find the restrictions acceptable.
Quote:Quote:Original post by frob Imagine a nudist/naturalist religion that eschews all clothing except footwear. Can you imagine the consequences of allowing that religious exception?
|
Do you remember the "Naked Guy" at U.C. Berkeley a few years ago? |
Indecency is based on the local community standards, as well as the time, place, and manner.
"Naked Guy" had both place and manner working toward his case, although ultimately he was jailed when his nudity was against the prevailing standard.
In many circumstances simply being nude in public would be criminal indecent exposure. Many flashers have claimed that they were simply nude in front of schools or public places, but ultimately are convicted as sex criminals. In another time or place, such as a sexually-related protest, it may be considered acceptable.
There is a difference between nudity on a private college campus of mostly adults, vs nudity in a public school where attendance is almost mandatory and where most students are minors. Local standards and T/P/M considerations are very important.