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The First Amendment
The following is quoted from Sybil on Religion, American Civil
Liberties Union. 1996.
"Religious liberty - the right of each and every American to
practice his or her own religion, or no religion at all - is among the
most fundamental of the freedoms guaranteed by the Bill of Rights. The
principle of religious liberty, because it is built into our Constitution,
has kept the United States relatively free of religious conflict that has
torn many nations apart.
"The founders of this country, who were themselves of different
religious beliefs and backgrounds, thought that the best way to protect
religious liberty in their view nation was to keep the government out of
religion
".That's why they created the First Amendment. In addition to
guaranteeing free speech and a free press, the First Amendment says that
the government "...shall make no law respecting an establishment of
religion, or prohibit the free exercise thereof..."
"The Establishment Clause guarantees the separation of church and
state by prohibiting the government from supporting or promoting religion
in any way.
"The government can't "establish" Christianity or any
other religion as the official religion of the United States; it can't
provide financial support for any religion, and it can't promote or
endorse any religious beliefs or practices.
"The Free Exercise Clause means that you are free to worship as
you choose and that the government can't penalize you because of your
religious beliefs."
State constitutions and
religious freedom
The book Religious Liberty and State Constitutions by Edd Doerr
and Albert J. Menendez provides information that may protect spiritual
massage healing as prayer, a form of worship, and a religious ceremony.
"Arkansas, Nebraska, Ohio , and Wisconsin ... have the most explicit
guarantees of religious liberty. North Carolina has the fewest. Forty-six
states explicitly protect freedom of worship and conscience." (See
page 4)
"Medical Freedom"
The Constitution of the Republic should make special provision for
Medical Freedom as well as Religious Freedom. To restrict the art of
healing to one class of men and deny equal privileges to others will
constitute the Bastille of medical science. All such laws are un-American
and despotic. They are fragments of monarchy and have no place in a
republic.- Dr. Benjamin Rush
Dr. Rush was Surgeon General of the Continental Army of the United
States and one of the Signers of the Declaration of Independence.
Feedom for Religious Healers
Some state medical practice acts specifically exempt Christian Science
Healing. We believe the Establishment Clause, the Free Exercise Clause in
the First Amendment and the equivalent of these two clauses in some state
constitutions must also exempt spiritual healing of all kinds, including
spiritual massage healing, regardless of their religious denominations.
` Spiritual massage healing, including spiritual massage healing, does
not harm people.The Medical Practice Act of Arkansas exempts
"Massage therapist" most likely because the Medical Board
has concluded that massage therapists have not actually harmed people.
This is more evidence that massage does not cause harm.
On the other hand, medical practrice excludes two potentialy harmful
surgical procedures. The Minnesota Medical Practice Act excludes
" "A person who practices ritual circumcision pursuant to the
requirements or tenets of any established religion." Also. "Ear
piercing does not constitute the practice of medicine." - Hicks v.
Arkansas State Medical Bd. 260 Ark. 31, 537 S.W.2d 794 (1976).
ARIZONA
Medical Practice Act. Exemptions. "3. The practice of religion,
treatment by prayer or the laying on of hands as a religious rite or
ordinance.
"4. The practice of any of the healing arts by Indian tribes in
this state."
The exemptions also include the following:
"2. The administrations of family remedies including the sale of
vitamins, health foods or health food supplements or any other natural
remedies except drugs or medicines for which an authorized prescription is
required by law."
Constitution. Article 2. Declaration of Rights. Section 12. "The
liberty of conscience secured by the provisions of this Constitution
..."
ARKANSAS
Medical Practice Act. "Exemptions... The practice of Christian
Science, with or without compensation," and "Massage
therapist."
Constitution. Article II, Declaration of Rights, Section 24:
"All men have a natural and indefeasible right to worship Almighty
God according to the dictates of their own conscience... "No human
authority can, in any case, or manner whatsoever, control or interfere
with the right of conscience: and no preference shall be given by law to
any religious establishment, denomination or mode of worship above any
other."
"Section 25. Religious morality and knowledge being essential to
good government, the General Assembly shall enact suitable laws to protect
every religious denomination in the peaceable enjoyment of its own mode of
public worship.
CALIFORNIA
Medical Practice Act. Section 2063. "Nothing is this chapter shall
be construed so as to discriminate against any particular school of
medicine or surgery, school or college of podiatric medicine, or any other
treatment, nor shall it regulate, prohibit, or apply in any way with the
practice of religion."
Constitution. The Declaration of Rights in Article I of the California
state Constitution protects Freedom of Religion as follows:
"Section 4. Free exercise and enjoyment of religion without
discrimination or preference are guaranteed... The Legislature shall make
no law respecting an establishment of religion."
CONNECTICUT
Medical Practice Act. "The provisions of this chapter shall not
apply to ... any Christian Science practitioner who does not use or
prescribe in his practice any drugs, poisons, medicines, chemicals,
nostrums or surgery." Moreover, Christian Scientists may practice
"for compensation, gain or reward, received or expected."
For Nurses and Physical Therapists: "Nor shall" [the Medical
Practice Act] "prohibit the care of the sick with or without
compensation or personal profit, in connection with the practice of the
religious tenets of any church by adherents thereof, provided such persons
shall not otherwise engage in the practice" [of nursing and physical
therapy] "within the meaning of this chapter."
Constitution. Article First, Declaration of Rights" reads as
follows.
"Section 3. The exercise and enjoyment of religious profession and
worship, without discrimination, shall forever be free to all persons in
the state; provided, that the right hereby declared and established shall
not be so construed as to excuse acts of licentiousness, or to justify
practices inconsistent with the peace and safety of the state."
"Article Seventh, Of Religion" reads as follows. "... No
preference shall be given by law to any religious society or denomination
in the state. Each shall have and enjoy the same and equal powers, rights
and privileges, and may support and maintain the ministers and teachers of
its society or denomination ..."
MARYLAND
Medical Practice Act "Individuals exempt.. In general. - The
title does not limit the right of ... A Christian Science practitioner,
who is accredited by the First Church of Christ, Scientist, in Boston,
Massachusetts, from... Dealing with human ills in accordance with the
tenets of Christian Science, and Charging for services."
"Practice medicine" does not include... Performing a massage
or other manipulations by hand, but by no other means."
Constitution. "Article 36. That as it is the duty of every man to
worship God in such manner as he thinks most acceptable to Him, all
persons are equally entitled to protection in their religious
liberty..."
"Article 41. That monopolies are odious, contrary to the spirit of
a free government and the principles of commerce, and ought not to be
suffered."
MINNESOTA
Medical Practice Act. "Chapter 147: Minnesota Statutes 1998,
Chapter 147. Section 147.081 does not apply to, control, prevent or
restrict the practice, service, or activities of:
"11. A Christian Scientist or other person who endeavors to
prevent or cure disease or suffering exclusively by mental or spiritual
means or by prayer."
Constitution. Article 1. Bill of Rights. Section 16: "The right of
every man to worship God according to the dictates of his own conscience
shall never be infringed,... nor shall any control or interference with
the rights of conscience be permitted or any preference be given by law to
any religious establishment or mode of worship."
NEW JERSEY
Medical Practice Act. Chapter 9. Article 1. Section 45:9-18.1.
"This chapter shall not apply nor shall it in any manner be construed
to apply to persons practicing healing by spiritual, religious or mental
means if no material medicine is prescribed or used and no manipulation or
material means are used."
Constitution. Article 1. Rights and privileges.
"3. No person shall be deprived of the inestimable privilege
of worhipping Almighty God in a manner agreeable to the dictates of his
conscience...
"4. There shall be no establishment of one religion
preference to another..."
PENNSYLVANIA
Medical Practice Act. "Healing by prayer and spiritual means"
is specifically excluded from coverage by the Pennsylvania Medical
Practice Act. This is "An Act relating to the right to practice
medicine and surgery and the right to practice medically related
acts..." The Act defines "Medicine and Surgery" as
"The art and science of which the objectives are the cure of diseases
and the preservation of the health of man, including the practice of the
healing art with or without drugs, except healing by spiritual means or
prayer."
Constitution. Article I, Section 3: "Religious Freedom. All men
have a natural and indefeasible right to worship Almighty God according to
the dictates of their own consciences" and "no human authority
can, in any case whatever, control or interfere with the rights of
conscience, and no preference shall ever be given by law to any religious
establishment or modes of worship."
VERMONT
Medical Practice Act. §1312 "Faith cure; mind healing; laying on
of hands" of Title 26, chapter 23. "Medicine and Surgery"
read as follows:
"The provisions of this chapter shall apply to persons professing
and attempting to cure disease by means of 'faith cure,' 'mind healing,'
or 'laying on of hands," but shall not apply to persons who merely
practice the religious tenets of their church without pretending a
knowledge of medicine or surgery."
Constitution. Chapter I, Article 3 of the Vermont provides
"That all men have a natural and unalienable right, to worship
Almighty God, according to the dictates of their own conscience and
understandings, as in their opinion shall be regulated by the word of God;
and that no authority can, or ought to be vested in, or assumed by, any
power whatever, that shall in any case interfere with, or in any manner
control the rights of conscience, in the free exercise of religious
worship."
Chapter !!, Section 68: "...All religious societies, or bodies of
men that may be united or incorporated for the advancement of religion and
learning, or for other pious and charitable purposes, shall be encouraged
and protected in enjoyment of the privileges, immunities, and estates
which they in justice ought to enjoy."
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