Originally posted by JS357
I've been treating you with respect.
yes but you are not the problem, Captain slobber is.
Paul v. Watchtower Bible and Tract Society of New York, Inc.
We find the practice of shunning not to constitute a sufficient threat to the peace, safety, or morality of the community as to warrant state intervention. The test for upholding a direct burden on religious practices is as stringent as any imposed under our Constitution. Only in extreme and unusual cases has the imposition of a direct burden on religion been upheld. See, e.g., Reynolds v. United States, 98 U.S. (8 Otto) 145, 25 L.Ed. 244 (1878) (polygamy); Hill v. State, 38 Ala.App. 404, 88 So.2d 880 (1956) (snake handling).
The harms suffered by Paul as a result of her shunning by the Jehovah's Witnesses are clearly not of the type that would justify the imposition of tort liability for religious conduct. No physical assault or battery occurred. Intangible or emotional harms cannot ordinarily serve as a basis for maintaining a tort cause of action against a church for its practices--or against its members. Cf. West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624, 646, 63 S.Ct. 1178, 1189, 87 L.Ed. 1628 (1943) (Murphy, J., concurring) ("[T]he benefits that may accrue to society from the compulsory flag salute are [not] sufficiently definite and tangible to justify the invasion of freedom and privacy that is entailed.)
Offense to someone's sensibilities resulting from religious conduct is simply not actionable in tort. See Cantwell, 310 U.S. 296, 60 S.Ct. 900; cf. Cohen v. California, 403 U.S. 15, 91 S.Ct. 1780, 29 L.Ed.2d 284 (1971).
Without society's tolerance of offenses to sensibility, the protection of religious differences mandated by the first amendment would be meaningless.
http://www.jehovah.to/gen/legal/state/paul.htm