BUSINESS LAW 101 / Religious Protections

By Albert L. Kelley, Esq.

Our country was founded on the concept of religious freedom.  In 1620, the first colonists signed the Mayflower Compact, a document creating home rule ¨for the Glory of God, and Advancement of the Christian Faith¨.  When the Founding fathers drafted the Declaration of Independence in 1776, they stated ¨all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness¨. When the Bill of Rights of the Constitution was drafted in 1789, the first Amendment starts with ¨Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof¨.  Every major document regarding the founding of this country mentions a religious belief. 

Even the founding documents of Florida discuss religion. In the Constitution for Est Florida signed in 1812, it references the ¨Great Legislator of the Universe¨.  Article I, Section 3 of the first Constitution of Florida, drafted in 1838 states, ¨That all men have a natural and inalienable right to worship Almighty God according to the dictates of their own conscience; and that no preference shall ever be given by law to any religious establishment, or mode of worship in this State. ¨

As a people, we cherish our right to practice the religion of our choosing. The legislature has taken steps to protect our right to worship by making certain actions that interfere with that right criminal. Any willful interruption of a religious service is a second-degree misdemeanor.  This law does not just affect church services, though.  It also covers any willful disruption of a school.  

Related to the above are funeral services.  A funeral gives society the opportunity to honor people who have passed away and to support their families in their time of loss.  It is a time for deference and reflection, not antagonism and violence.  Even if you did not like the person who died, a funeral is not the time to protest or fight with those honoring their deceased. The legislature recognized that and   created a law to protect funeral services.  To protect the dignity and decorum of funeral services, no one can stage a protest within 500 feet of the property line of a residence, cemetery, funeral home, house of worship, or other location during or within 1 hour before or 1 hour after the conducting of a funeral or burial at that place.  However, this does not stop those protests that occur more than 500 feet away, even if those protests are along the route of the funeral procession.  A violation of this law is a first-degree misdemeanor.  All persons involved with the protest are equally liable and may be charged by the grand jury of that jurisdiction.

While we hold religious exercise highly, we hold military funerals in a very high manner.  As such, military funerals are treated with extreme solemnity.   We honor those who have passed away who have served this country.  Military funerals are treated with such respect that it is a first-degree misdemeanor to interfere with them or to interrupt or disturb them.

The final statute addressing religious freedom is actually a state law that reflects a federal law.  Under the Civil Rights Act it is illegal to discriminate based on religious belief.  Florida Statute 871.04 reflects this.  It states that nobody may publish, broadcast display or circulate any advertisement that the patronage of any person is not welcome, or is objectionable, because of the person’s religion. A violation of this law is a second-degree misdemeanor.

Al Kelley has worked as an attorney in Monroe County for the last 32 years. He is the author of five law books available through Absolutely Amazing E-Books and the host of “Basics Of The Law”, a legal YouTube channel. He serves as the Vice Chair of the 16th Judicial Circuit Professionalism Panel.  He also previously taught business law, personnel law, and labor law at St. Leo University. This article is offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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