Saturday, November 11, 2006
"Freedom from Religion"
In the case of Savanna Club Worship Service, Inc. v. Savanna Club Homeowners' Ass'n, Inc., 2005 U.S. Dist. LEXIS 43775 (S.D. Fla. 2005), a homeowners' association adopted a rule prohibiting any religious services in the subdivision's common areas, responding to complaints about the use of the club house by a group of association members for a worship services. The religious "club" alleged a violation of the Fair Housing Act's prohibition on religious discrimination. The court rejected the claim in the following sentences:
The club has a large membership and has impeded the rights of other members in their enjoyment of their facilities. The right to religious freedom must encompass the right to be free from religion. In this case, the Associations' member voted 714-434 to prohibit religious services in their common areas.
I'm not sure about the second sentence. Yes, I take it that religious-freedom-under-law should include legal protection from state-sponsored burdens on religious conscience (i.e., "freedom from religion"). But it seems very different to suggest that "religious freedom" includes the right not to be exposed or bothered by other private citizens' (peaceable) religious expression and activities.
https://mirrorofjustice.blogs.com/mirrorofjustice/2006/11/freedom_from_re.html