Polityczny podział wzdłuż linii podziału religijnego? Dwa nowe orzeczenia Sądu Najwyższego Stanów Zjednoczonych

• Authors: Longchamps de Bérier Franciszek

Title variants

EN

Political Division along Religious Lines? Two Recent Decisions of the US Supreme Court

• Languages of publication: PL

Abstracts

EN

In two recent decisions the Supreme Court of the United States interpreted two religious clauses of the First Amendment. The legitimacy of legislative prayer was not questioned, because of the decision in, Marsh v. Chambers, but Town of Greece, N.Y. v. Galloway proved in 2014 that the prayer does not need to be neutral in its content. Mentioning Jesus Christ and not a “generic” God is not unconstitutional. For Europeans, the discussions resemble controversies around the presence of the cross in public places like parliaments, classrooms etc. In Burwell v. Hobby Lobby Stores, Inc., the Supreme Court agreed that even for-profit corporations could have objection of conscience against generally applicable law, if a challenged regulation is not the least restrictive mean of furthering compelling state interest. The objection was to health insurance coverage for abortion-inducing drugs and devices, as well as related education and counseling. The corporations in the case were closely held, therefore there was no doubt whose objection of conscience was discussed. In Poland, objection of conscience of individuals was questioned in the public debate during last months.

• Publisher: Fundacja „Utriusque Iuris” i Uniwersytet Jagielloński
• Journal: Forum Prawnicze
• Year: 2014
• Issue: 3 (23)
• Pages: 3-15

Contributors

author

Longchamps de Bérier Franciszek

• Katedra Prawa Rzymskiego na Wydziale Prawa i Administracji Uniwersytetu Jagiellońskiego