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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
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Experience:  JD, MBA
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Constitutional Rights Infringed?

Resolved Question:

I see that this website has several tabs above where I am able to type this question, and I feel that this is the best section for it. Although this may be a "Family Court" question.


 


I am a child of almost adulthood who is currently going through a divorce between my parents. In a document supplied by the court which I have personally seen from my father, I am mandated by the court system to attend religious education classes.


 


These classes do not have any affiliation with public/private education (ie: private religious schools.) By mandating my attendance does that not infringe on my Constitutional Rights as a citizen of the United States?

Submitted: 1 year ago.
Category: Criminal Law
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

Q: By mandating my attendance does that not infringe on my Constitutional Rights as a citizen of the United States?

A: It depends on whether the mandate is based a parent's request, or whether the court decided on its own that you should attend religion education classes. That distinction is important because the First Amendment, which provides for religious freedom, only applies to the government. It does not apply to private individuals. In other words, the government is prohibited from establishing a religion, but one's parents are not prohibited. So, if your parent requested that you attend the classes, then the judge can mandate it. But the court cannot act on its own.

Does that answer your question? Let me know if you need clarification, and please remember to rate me positively so that I receive credit for my efforts.

Thank you and good luck!
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 9848
Experience: JD, MBA
TJ, Esq. and other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

unfourtunatly after further review of the document it was agreed on by both sides of the party in the divorce to have both sides "encourage" the children to attend, so it actually does not infringe my rights.


 


between you and me, If I would have been less bull-headed and reviewed the document a little further and carefully, I would have saved 15$.


 


Although, it is more than worth the expert opinion on the situation and for that I am thankful. Your answer is more than adequet and you will be sure to have a perfect review from me so rest assured.

Expert:  TJ, Esq. replied 1 year ago.
I see. Well, I thank you in advance for your positive feedback, and I wish you the best!

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