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My question pertains to Constitutional Law, specifically, the Establishment and Free Exercise Clauses.

Summerville, SC |

As I understand them, the Establishment Clause of the US Constitution prohibits Congress from establishing or prohibiting religion. The Free Exercise Clause allows citizens the right to hold their religious beliefs and opinions free from government interferance. Recently, there has been an increasing erosion of traditional values in this country as minority groups repeatedly bring legislation against communities based on one faith or another. How can these communities, which were formed because of similar religious, ethical, and moral beliefs, be forced to adhere to the will of outside groups? This seems to be a violation of the Free Exercise Clause to me. I cannot believe that this was the intent of our founding fathers who so often referenced God in our own framing documents.

Attorney Answers 4


  1. The statement "[r]ecently, there has been an increasing erosion of traditional values in this country as minority groups repeatedly bring legislation against communities based on one faith or another" consists of a general assertion with no specifics. I genuinely have no idea what you are talking about. "Legislation" against "communities" of faith? Do you mean "churches" or "religions"?

    You go on to ask, "[h]ow can these communities, which were formed because of similar religious, ethical, and moral beliefs, be forced to adhere to the will of outside groups?" Again, because you have only made a general assertion, with no specific illustration, I am at a loss to conceive of what you have in mind. Try posting again with a very specific set of facts so I can understand what you are talking about. Perhaps then I can explain how the Establishment and Free Exercise Clauses apply, if indeed they apply.

    Try again.


  2. Are you asking how it is that a government entity, such as a city or town, can be forced to take down (or not put up) Christmas displays? If so, the answer is because doing so is a government endorsement of Christianity, which violates the establishment clause. Even if 99 per cent of the community is Christian and 1 per cent is not, it is still impermissible. The U.S. Constitution is not subject to majority rule.

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***


  3. Your post is fine, until you get to the sentence beginning with 'Recently..." at that point it is personal opinion without supporting arguments.

    FYI, our founding fathers made sure the framing document establishing our government (the US Constitution) contained no references to God.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.


  4. Hmm. Constitution references " We the people", and is clearly a secular document. It was so clearly secular, that folks like you tried to get it amended several times in the 1800's to get it to refer to divinity.

    I have taken the bait, and although this is a non secular help site, where people can get answers to real questions, you seem to want some sort of political theological argument. I try to answer questions from folks that are truly in need.

    The other attorneys who answered you were too polite. I will postulate that you are an idiot. Please refute my assertion at your leisure.

    This answer is for general advice and does not create an attorney client relationship with James Mosteller or the Mosteller Law Firm LLC.

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