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Download QR code; Print/export Download as PDF; ... Pages in category "Establishment Clause" The following 5 pages are in this category, out of 5 total.
The Ohio Revised Code (ORC) contains all current statutes of the Ohio General Assembly of a permanent and general nature, consolidated into provisions, titles, chapters and sections. [1] However, the only official publication of the enactments of the General Assembly is the Laws of Ohio ; the Ohio Revised Code is only a reference.
The Establishment Clause and the Free Exercise Clause together read: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... The Establishment Clause acts as a double security, prohibiting both control of the government by religion and political control of religion by the government. [2]
These are published in the official Laws of Ohio and are called "session laws". [2] These in turn have been codified in the Ohio Revised Code. [3] The only official publication of the enactments of the General Assembly is the Laws of Ohio; the Ohio Revised Code is only a reference. [4]
The first case to closely examine of the Free Exercise Clause was Reynolds v. United States in 1878. A case dealing with the prosecution of a polygamist under federal law, and the defendant's claim of protection under the Free Exercise Clause, the Court sustained the law and the government's prosecution.
The Ohio Supreme Court holds that "the Ohio Constitution is a document of independent force," however. Ohio courts are free to grant Ohioans greater rights than those afforded under federal law. [11] Additionally, the Ohio Constitution contains several rights not found in the U.S. Constitution.
Donnelly asks whether a particular government action amounts to an endorsement of religion, thus violating the Establishment Clause of the First Amendment. According to the test, a government action is invalid if it creates a perception in the mind of a reasonable observer that the government is either endorsing or disapproving of religion. [1]