Fletro Violation Of Religion Essay

While it may seem unfair for Fletro to be denied a job based on religion it is unfortunately constitutional. Unfortunately, Church of Latter-Day Saints V. Amos set a breaking exception for religious organizations to discriminate against persons for employment based on religion. Fletro can make a claim that this violates the establishment clause, but he is unlikely to win. A three-part test was established in Lemon V. Kurtzman for determining whether a state action violates the establishment clause. The states action must promote a secular legislature person and cannot advance nor inhibit religion. In order to have a violation occur, the government itself must have advanced religion through its own activities and influence. By allowing religious organization to employ whom they wish, the state becomes entangled in religion. Since it was a church school discriminating against Fletro, it was a church that advances their own religion and the government did not directly …show more content…
Nyquist, the Government cannot pay teacher salaries in parochial schools, even for teachers of secular subjects or for special education. If the government paid these salaries, they would need to monitory if secular or religious material were being taught to see if excessive entanglement exists. If there is excessive entanglement, it is a violation of the establishment clause and can no longer pay these salaries. We can assume that is why the school was shut down.
Next, Fletro growing out his hair, changing his wardrobe and name and blasting his music is expressive speech. The First Amendment of the constitution protects these actions done by Fletro in that they are symbolic methods of speech. Symbols, signs and other methods of expression are generally protected by the 1st Amendment. If Fletro were to cause harm, or incite harm by performing any of these actions, or if any reasonable person were to feel threatened, then his speech would not be