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Unformatted text preview: ious freedom of "X". According to the decision of the United States Supreme Court in the case of O'Lone v. Estate of Shabazz, 107 S. Ct. 2400, convicted prisoners retain their right to free exercise of religion. At the same time, lawful incarceration brings about necessary limitations of many privileges and rights justified by the considerations underlying the penal system. In considering the appropriate balance between these two factors, reasonableness should be the test. Accommodation to religious freedom can be made if it will not involve sacrificing the interests of security and it will have no impact on the allocation of resources of the penitentiary. In this case, providing "X" with a meatless diet will not create a security problem or unduly increase the cost of food being served to the prisoners. In fact, in the case of O' Lone v. Estate of Shabazz, it was noted that the Moslem prisoners were being given a different meal whenever pork would be served. Q: Ang Ladlad is an organization composed of men and women who identify themselves as lesbians, gays, bisexuals, or trans‐gendered individuals (LGBTs). Ang Ladlad applied for registration with the COMELEC. The COMELEC dismissed the petition on moral grounds, stating that definition of sexual orientation of the LGBT sector makes it crystal clear that petitioner tolerates immorality which offends religious beliefs based on the Bible and the Koran. Ang Ladlad argued that the denial of accreditation, insofar as it justified the exclusion by using religious dogma, violated the constitutional guarantees against the establishment of religion. Is this argument correct? A: Yes. It was grave violation of the non‐ establishment clause for the COMELEC to utilize the Bible and the Koran to justify the exclusion of Ang Ladlad. Our Constitution provides in Article III, Section 5 that “no law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof.” At bottom, what our non‐establishment clau...
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This document was uploaded on 03/12/2014.

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