Religious Rights and Freedoms vs Constitutionality

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polygamy part of religious rights and freedoms

Is Polygamy Part of Religious Rights and Freedoms

Religious freedom comes with many different values. The article in the Vancouver Sun dated April 01, 2011 is evidence of that. The article stated that religious freedom the most important guarantee in the Canadian Constitution. The country must view the seriousness of any limits on religious freedom. Therefore, is polygamy part of religious rights and freedoms? Also, how is this of interest to us?

In this article the idea of polygamy is addressed. It is the religious belief of the Fundamentalist Church of Jesus Christ of Latter Day Saints. They believe for a man to get to the highest realm of heaven he needs to do it with more than one wife. This concept does cause conflict with the polygamy law of Canada.

Points from The Article

Does the polygamy law infringed on the religious freedom of people concerned? The article made addressed the following points;

  1. Religious freedom the most important guarantee in the Canadian Constitution
  2. The country must view the seriousness of any limits on religious freedom its first priority.
  3. Does the Canadian polygamy law limited religious freedom?
  4. Gerald Chipeur stated that the polygamy law does not infringe on religious rights
  5. The weight of the Testimony by the fundamentalist Mormon witnesses should not be considered of great value.
  6. Polygamy law is consistent with the Charter because the parliament has defined marriage as a union between two persons
  7. Christian Legal Fellowship’s views are opposite to the Fundamentalist Church of Jesus Christ of Latter Day Saints.
  8. FLDS core belief is that a man needs more than one wife to enter the highest realm of heaven
  9. Prohibiting polygamy infringes on their religious rights (FLDS)
  10. Gerald Chipeur stated that the “reference is not to inquire into religious beliefs” here.
  11. He also stated that “their religious practices can have no impact on the constitutionality of the Criminal Code provision of general application”.
  12. The group urged Chief Justice Robert Bauman to uphold the law.
  13. At the same time, do not close the door on the argument
  14. Gerald Chipeur stated to the court that “the court ought to leave open the possibility that if individuals are criminally charged, they could argue that the restrictions against polygamy are not justifiable in a free and democratic society”.

Conclusion of the Matter

The article addresses a gray area. Even from what the article stated and it looked like the polygamy issue and religious practices do not go together. There needs to have the possibility if there are any criminal charge to be laid on anyone that restrictions against polygamy do not affect the situation.

It is good that we live in the country of Canada where Religious freedom the most important guarantee in the Canadian Constitution. Also, the seriousness of religious freedom limits need to be considered.

6 thoughts on “Religious Rights and Freedoms vs Constitutionality”

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