Simone Lawson
The Arizona Constitution provides for the free exercise of religion in two distinct sections, which work in tandem to provide religious liberty. The United States Constitution establishes religious freedom in the First Amendment through the Establishment and Free Exercise Clauses, which protect all religions from preferential treatment and allow religions to practice their religion as they see fit (within compelling governmental interests). The Arizona Constitution uses different language to the United States Constitution, but it provides changes from the federal format that may offer more freedom.
| Characteristics | Values |
|---|---|
| Religious freedom | Established in the First Amendment of the United States Constitution |
| No preferential treatment | All religions are protected from preferential treatment |
| Practice of religion | Religions can practice their religion as they see fit (within compelling governmental interests) |
| Liberty of conscience | The liberty of conscience shall not be used to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state |
| Religious worship | No public money or property shall be appropriated for or applied to any religious worship, exercise, or instruction, or to the support of any religious establishment |
| Religious qualification | No religious qualification shall be required for any public office or employment |
| Witness or juror | No person shall be incompetent as a witness or juror as a consequence of their opinion on matters of religion |
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What You'll Learn
The Arizona Constitution provides more freedom than the federal format
The first section, Ariz. Const. art. 2, § 12, is titled 'Liberty of Conscience; Appropriations for Religious Purposes Prohibited; Religious Freedom'. This section secures the liberty of conscience, meaning that no religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror as a consequence of their opinion on matters of religion. This section also prohibits public money or property from being used for any religious worship, exercise, or instruction, or to support any religious establishment.
The second section of the Arizona Constitution that protects religious freedom is not explicitly stated, but it is implied that it uses different language than the United States Constitution to provide changes from the federal format that may provide more freedom. While the exact wording of this section is not provided, it is clear that the Arizona Constitution takes a different approach to protecting religious liberties than the federal format.
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The Establishment Clause
The Arizona Constitution uses two different sections to protect religious liberties, which may provide more freedom than the federal format. The two sections work in tandem to provide for the free exercise of religion.
Article 2, Section 12 of the Arizona Constitution, known as the Liberty of Conscience clause, states that no public money or property shall be used for religious worship, exercise, or instruction, or to support any religious establishment. This ensures that the government remains neutral on matters of religion and does not favour or promote any particular religious group.
The Liberty of Conscience clause also prohibits religious qualifications for public office or employment and protects individuals from being questioned about their religious beliefs in court. These provisions ensure that individuals are free to hold and practise their religious beliefs without interference or discrimination from the state.
Overall, the Establishment Clause and the corresponding provisions in the Arizona Constitution safeguard religious freedom by preventing the government from establishing or favouring any particular religion and by protecting the right of individuals to practise their religion without undue interference.
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The Free Exercise Clause
The Arizona Constitution's provisions on religious freedom use different language to the United States Constitution, and may provide more freedom. However, the liberty of conscience secured by these provisions does not excuse acts of licentiousness or practices inconsistent with the peace and safety of the state.
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Liberty of Conscience
The Arizona Constitution provides for the free exercise of religion through two different sections, which work in tandem to provide religious liberty. The first is the Establishment Clause, and the second is the Free Exercise Clause. Both clauses reside in the First Amendment of the United States Constitution, which establishes religious freedom. The Arizona Constitution uses different language to the United States Constitution, but the two sections work together to protect religious liberties.
The Liberty of Conscience secured by the Arizona Constitution's provisions shall not be construed to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise, or instruction, or to the support of any religious establishment. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror as a consequence of their opinion on matters of religion.
The Arizona Constitution's provisions on religious freedom appear to overlap with the federal protections offered by the United States Constitution. However, there does not appear to be much scholarship contrasting the state and federal protections.
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No public money or property shall be appropriated for or applied to any religious worship
The Arizona Constitution uses two different sections to protect religious liberties. These sections work in tandem to provide for the free exercise of religion and religious liberty. The two sections are:
- Liberty of Conscience; Appropriations for Religious Purposes Prohibited; Religious Freedom
- Division of religious liberties
The first section states that 'no public money or property shall be appropriated for or applied to any religious worship, exercise, or instruction, or to the support of any religious establishment'. This means that public money and property cannot be used for religious purposes. It also states that no religious qualification shall be required for any public office or employment, and that no person shall be questioned about their religious beliefs in any court of justice.
The second section provides for the division of religious liberties, using different language to the United States Constitution, which may provide more freedom. The United States Constitution establishes religious freedom in the First Amendment through the Establishment and Free Exercise Clauses. These clauses protect all religions from preferential treatment and allow religions to practice their religion as they see fit (within compelling governmental interests).
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Frequently asked questions
The Arizona Constitution uses two different sections to protect religious liberties. These are Ariz. Const. art. 2, § 12 – Liberty of Conscience; Appropriations for Religious Purposes Prohibited; Religious Freedom.
While the United States Constitution establishes religious freedom in the First Amendment through the Establishment and Free Exercise Clauses, the Arizona Constitution uses different language and may provide more freedom.
The Arizona Constitution states that no religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror in consequence of his opinion on matters of religion.
