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Religious Freedom

This document discusses several principles related to religious freedom and social justice under the law. It covers the separation of church and state, with the state only able to interfere in secular concerns. Religious accommodation is allowed if it ultimately benefits citizens rather than specific religions. Conscientious objection must be opposed to all wars based on sincere religious beliefs. Freedom of association is not absolute. The principle of benevolent neutrality means the state can only interfere in religious matters if there is a compelling state interest pursued through the least restrictive means. Morality rules cannot be based on sectarian principles. Tax exemptions only apply to realty directly used for religious purposes. The Lemon principle outlines requisites for valid entanglement between religion and state.

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Tinn Ap
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48 views1 page

Religious Freedom

This document discusses several principles related to religious freedom and social justice under the law. It covers the separation of church and state, with the state only able to interfere in secular concerns. Religious accommodation is allowed if it ultimately benefits citizens rather than specific religions. Conscientious objection must be opposed to all wars based on sincere religious beliefs. Freedom of association is not absolute. The principle of benevolent neutrality means the state can only interfere in religious matters if there is a compelling state interest pursued through the least restrictive means. Morality rules cannot be based on sectarian principles. Tax exemptions only apply to realty directly used for religious purposes. The Lemon principle outlines requisites for valid entanglement between religion and state.

Uploaded by

Tinn Ap
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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RELIGIOUS FREEDOM SOCIAL JUSTICE

Inviolability of the Separation of Church and State Salus Populi est suprema lex
When issue is Sectarian in character - Let the good (or safety) of the people be the
- State is off-limits due to Principle of Inviolability of supreme (or highest) law
State and Church
- Refers to ecclesiastical matters STATE
Elements of State
Secular Governmental Concern Montevideo Convention cited in Province of North Cotabato
- Only time when Government is justified to interfere
1. National Territory
Non-Establishment Clause - Archipelagic water vs Internal water
- When the subject is Freedom to Act on One’s Belief, o They mean the same
State can interfere through its valid exercise of - Terrestrial Domain
Police Power
o GROUND: Clear and Present Danger 2. Sovereignty
Characteristics
Religious Accommodation 1. Permanent
1. Zorach 2. Exclusive
2. Everson – Government Funds were allowed to be 3. Comprehensive
used since ultimately it benefited the school children 4. Absolute
and not the schools 5. Indivisible
6. Inalienable
Conscientious Objector 7. Imprescriptible
Elements in the context of defending the State Classifications
1. He must be opposed to war 1. Legal Sovereignty – Congress
2. Opposed to ALL wars, not just any specific war 2. Political Sovereignty – People
3. Opposition against all wars must be founded on his
sincere adherence to his religious beliefs 3. Government
In the Philippine Setting Classifiaction
- PH Jurisprudence does not accept the concept of 1. De Jure
conscientious objector in the context of compulsory o With legal title but without power
defense of State 2. De Facto
Freedom of Association o Without legal title but with power
- Not Absolute
- Case: Victoriano vs. Elizalde
o Union security clause has a closed-shop
provision
EXN: Religious Freedom
- Case of Victoriano again
Principle of Benevolent Neutrality
- Case of Estrada vs. Escritor
- Can only interfere if there’s Compelling State
Interest
o Must be least intrusive methods

Rule on Morality
- Must not be founded on Sectarian Principles
- Must only be morality based on
Contemporary Secular moral Standards
- SC morality: assuming immoral, so long as the act
does not seriously undermine the confidence of the
public

Tax Exemption of Religious and Educational


Institutions
1. Only Realty Tax – for premises actually, directly and
exclusively used for religious purposes
Once converted to commercial, it loses the
exemption

Lemon Principle
- Requisites for valid Entanglement

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