David Waters writes about an Oregon state law that requires all employers to allow employees to wear religious items, except for teachers in public schools who may not “wear any religious dress while engaged in the performance of duties as a teacher.” Waters calls the issue the “classic religious liberty battle between the First Amendment’s Establishment clause, which tells government not to favor (or disfavor) one religion over another, and the Free Exercise clause, which tells government to leave the religious alone.”

When Americans believe that a law has violated their religious freedom, they turn to the courts. They might challenge a law for impermissibly establishing a faith, or for restricting their free exercise of religious practice. The courts must decide whether the laws have strayed from that fundamental principle of religious freedom outlined in the Constitution. Some cases go all the way to the Supreme Court.

This law governing the wearing of religious items provides an interesting look into the way American courts handle issues of religious freedom. In this case, everyone from NGOs representing Sikh and Muslim organizations, to the Oregon Department of Education has already commented on the matter.

Should the government have any say in what people wear? What if a garment offends others? Is the right to religious liberty greater than any individuals feeling about the matter? These are the kinds of questions that arise in the U.S. when matters of religion enter the public sphere. What are your thoughts?

For more information check out the eJournal USA: Freedom of Faith