Legal Question in Civil Rights Law in Nebraska

Relion in schools

I attend a Catholic Schhol, I also am a practicing Buhddist. I wish to not participate activly in the religous ceramonies held weekly in our school (IE: pray sing and take communion) However i have no objection to going and remaining respectful of my schoolmate as they pray. However i have been told by my school, that they will revoke cetain rights or privlages (such as off campus) if i do not participate in church. I feel that I have a right, even though I attend a catholic private school to freedom of religon and freedom not to practice a religon. Am I right? What can I do? I don't want to cuase a big deal out of this, I just wanted to be treated as an equal.


Asked on 9/16/04, 12:31 am

2 Answers from Attorneys

Vivek Mapara Mapara Law Firm

Re: Relion in schools

Sir,

A) When ur joining any institute, your binding yourself by the rules and regulations of that institue.

B) Law prevents upon any restraints on practising any religion but there is no law whereby as such u prescribed.

C) If ur not following the procedure of the institute ur imposed of the penalty which is justified hence there cannot be any complaints to that.

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Answered on 9/18/04, 1:48 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: Relion in schools

Apparently, the Catholic school you attend views your unwillingness to participate in certain of their religious activities as impinging on the school's own freedom of religion to establish a particular religious environment.

The U.S. Consitution permits you the freedom to practice your own religion, but not to impose your beliefs on others.

The answer to your question depends on whether you are viewed as illegally attempting to impose your religious views on the Catholic school, or whether the Catholic school is viewed as illegally attempting to impose its religious views upon yourself.

Generally speaking, the courts do not prefer to get mixed up in the internal operations of religious institutions, at least in terms of spiritual or religious decisions. I.e. if the members of the church's board are fighting over who should be the next pastor, a court will generally not get involved if the "losing" faction files a lawsuit against the "winning" faction.

Look at it another way: do you think your Catholic school would be entitled to impose discipline (i.e. revoke certain "rights and privileges") if your reasons for not wanting to participate did not relate to your Buddhist beliefs? I.e., if you fail to go to Mass simply because you slept through it, could your school discipline you? If so, then your case is very difficult, because your school could then argue that they are treating you the same as anyone who failed to comply with the school's rules.

Do you think you are legally entitled to favored treatment by your Catholic school, simply because the reason you provide for not participating in some of the activities is that you are a Buddhist? In that case, it could be argued that you are actually seeking favored (e.g. unequal) treatment because of your religious beliefs, and not equal treatment.

You really need to discuss the specific facts of your case with a retained attorney in order to formulate a legal strategy.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 9/16/04, 8:36 am


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