Freedom of Religion and Freedom of Expression in the Public Square

Because many aspects of religion involve the showing of religious symbols or the speaking of religious tenets and doctrines, issues of freedom of religion and freedom of expression often overlap. Free expression and civil rights advocates say that the United States Constitution protects religious expression and activity in the "public square." Some advocates suggest, however, that courts, including the United States Supreme Court, have not followed the requirements of the First Amendment and have shown a hostility toward religious expression in the public square since the terrorist attacks of September 11, 2001 and the passage of the USA PATRIOT Act.

The Use of Drug Detection Dogs

In 2004, the United States Supreme Court surprised some court watchers when it agreed to hear a case involving a question of whether the Fourth Amendment requires reasonable, articulable suspicion to justify the use of a drug detection dog to sniff an automobile during a legitimate traffic stop.

The Freedom of Religion in Prisons

The federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) says in part that no government shall impose a substantial burden on the religious exercise of anyone confined to a federally-funded government institution, including prisons and jails. RLUIPA requires prisons to accommodate the religions practiced by inmates. The law allows governmental authorities to interfere with religious practices only if they can show a "compelling governmental interest." Often, prison security and discipline have been found to be sufficient reasons to restrict inmates' religious practices.

"Defense of Marriage" Laws

About 38 states enacted "Defense of Marriage" laws after the federal Defense of Marriage Act (DOMA) became law in 1996. The federal DOMA defines marriage only as a union of a man and a woman. Some of the state Defense of Marriage laws explicitly refuse to recognize a civil union or same sex marriage entered into in another state or country. Some state laws go even further by making no legal recognition of same sex couples. Currently, only Massachusetts permits same sex marriage. Vermont law provides for civil unions.

Criminal Civil Rights Violations

A criminal violation requires the use of force or a threat of force. The alleged perpetrator can be prosecuted under various federal criminal civil rights statutes, such as those laws that prohibit hate crimes, bias crimes, and human trafficking. Usually, just one or a few people are charged with a violation.