The Importance Of The First Amendment Of The Constitution

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Much has changed in society in the last two centuries in the United States. Issues of right that were not recognized in 1787 are now at the forefront of United State’s politics. It is inconceivable to consider that the same people who were capable of writing the constitution, did for foresee the need for the judicial bodies to fill the gaps that are not explicitly covered in the constitution. The more specific the stipulation, the greater the risk that the stipulation becomes obsolete. General guidelines generate the need for interpretation, which allows them to be applied in such a way that the greater good can be served. The First Amendment of the constitution protects personal liberties and individual freedoms including the right to religion, …show more content…
The use of which is believed to be a sin because it is believed in Judeo-Christian faiths, that an individual is formed at the time of conception, thus contraceptives, in certain forms were equivalent to abortions. This is a long standing and well documented belief that could reasonably be protected by the First Amendment, and more specifically the Religious Freedom Restoration Act of 1993 (RFRA), which established the “substantial burden” criteria. It true that both the First Amendment with regard to the religious freedom provision, and the RFRA have been used to support positions of discrimination. The drafters of the AFA crafted a provision that allowed individuals to continue to receive subsidized contraceptives, regardless the religious affiliation or leanings of aforementioned individuals place of work. The elegance and sheer equitability of the solution is remarkable; it allows for all parties involved to have an outcome that is at least partially satisfactory with out infringing on personal liberties. The court justifiably applied the already included provision of the ACA, to for-profit institutions. The alternatives being either, create a situation where employees do not have access to subsidized contraceptives, or individuals are forced to subsidize contraceptives against their religious …show more content…
This calls into question who decides what is a “significant burden” under the RFRA and who ultimately gets to decide when a burden become significant. If the Court rules in favor of the plaintiffs, it opens the doors to outlandish claims as religious exemptions. This would remove the government’s ability to determine what is genuine religious

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