when law and religion are in conflict, which prevails?

Question 1

Proportionality test

2 cases

Answer 1

• A.25 on the test of proportionality (4 PART TEST)
• Prince v SA; use of cannabis and lawyer, exemption based on reasonable accommodation of his Rastafari religion.
  Alleged violation of A.5, A.15, A. 17(2).
  Ruling: no violation of rights because the ban is on everyone; no grounds to feel devalued.
  MOA: respondent state better equipped to enact laws within their state.
• Employment division department of human resources v smith
  On unemployment benefits denied being fired because of on use of peyote (drug causing hallucinations) that are banned. Even though, it was on the basis of religion.
  Set precedent that laws affecting certain religious practices do not violate the rights to free exercise of religion if the laws are neutral, generally applicable and are not motivated by animus to religion.
  Congress passed the religious freedom restoration act, requiring the application of strict scrutiny to laws restricting religious freedom.