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Re:Yellen on Bitcoin: Fed Doesn’t Have Authority to Regulate... by MichaelGG on Thursday February 27, 2014 @03:44PM (#7314908)
They have regulated religion as well. Only certain religions can use, say, peyote in ceremonies. If tonight I get a vision that mandates I must use this chemical with my followers, I don't qualify.

There are other exemptions too for religion, where they decide what a real religion is. I think, for instance, conscientious objectors needed to have an approved religion.

(There should be no freedom of religion explicitly; it just opens things up for abuse and silly interpretations. Freedom of speech, thought, assembly and so on should be more than enough to include religion.)

Re:Yellen on Bitcoin: Fed Doesn’t Have Authority to Regulate... by argumentum on Thursday February 27, 2014 @03:57PM (#7315007)
I totally agree it has been misinterpreted, I'm pretty sure the intention of Jefferson and Madison was that the government is not supposed to be able to determine what constitutes a religion in addition the right to believe & practice it* . The inclusion of the word "religion" seems a practical response to the tendency of governments to ban practices that threatened their power.

* Where the preamble declares, that coercion is a departure from the plan of the holy author of our religion, an amendment was proposed by inserting "Jesus Christ," so that it would read "A departure from the plan of Jesus Christ, the holy author of our religion;" the insertion was rejected by the great majority, in proof that they meant to comprehend, within the mantle of its protection, the Jew and the Gentile, the Christian and Mohammedan, the Hindoo and Infidel of every denomination.

-Thomas Jefferson, Autobiography, in reference to the Virginia Act for Religious Freedom (from which the 1st amendment is derived)

Re:Yellen on Bitcoin: Fed Doesn’t Have Authority to Regulate... by dllthomas on Thursday February 27, 2014 @08:56PM (#7316757)
Doesn't "we can't interfere with a religious practice" plus "we can't determine what is a legitimate religious practice" mean anyone can claim anything to be a religious practice? "Oh, I'm sorry, I'm engaged in the blessed sacrament of the mugging."
Re:Yellen on Bitcoin: Fed Doesn’t Have Authority to Regulate... by jerf on Friday February 28, 2014 @08:59AM (#7318715)
This is where it's worth remembering that humans are in the justice system by design. While the line is intrinsically fuzzy, one can at least agree that at one extreme a marijuana user coming up for charges who suddenly claims he has a marijuana-based religion in an attempt to get out of it isn't going to get very far. Judges are not required to be as stupid as computers interpreting the law.
Re:Yellen on Bitcoin: Fed Doesn’t Have Authority to Regulate... by dllthomas on Friday February 28, 2014 @11:46AM (#7319851)
On the one hand, judges are still part of the government. On the other, the first amendment says "Congress shall make no law regarding the establishment of religion", not that "judges shall make no rulings".
Re:Yellen on Bitcoin: Fed Doesn’t Have Authority to Regulate... by jljljl on Thursday February 27, 2014 @05:30PM (#7315700)
>> Only certain religions can use, say, peyote in ceremonies.

The relationship between Native American Tribes and the US government is a bit more complicated than you are indicating here. Native American Tribes are afforded an extra degree of sovereignty and authority, and are actually recognized as "domestic dependent nations". This is where the exemptions for their religious ceremonies come from.

Re:Yellen on Bitcoin: Fed Doesn’t Have Authority to Regulate... by Crito on Thursday February 27, 2014 @06:30PM (#7316075)
If we assume for the sake of argument that MichaelGG is a Native American who is a member of a recognized tribe, I believe that "If tonight I get a vision that mandates I must use this chemical with my followers, I don't qualify." would still be true. I believe that if he started a new religion in his tribe, he wouldn't automatically have a right to use peyote as other 'recognized' Native American religions do.

From wikipedia:

"Congress passed an amendment to the American Indian Religious Freedom Act of 1978 (42 U.S.C. § 1996), i.e., the American Indian Religious Freedom Act Amendments of 1994 (42 U.S.C. § 1996a), pertinent excerpts of which are given below: Use, possession, or transportation of peyote Notwithstanding any other provision of law, the use, possession, or transportation of peyote by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion is lawful, and shall not be prohibited by the United States or any State. No Indian shall be penalized or discriminated against on the basis of such use, possession or transportation, including, but not limited to, denial of otherwise applicable benefits under public assistance programs. —42 U.S.C. 1996A(b)(1)."

Note that "bona fide" and "traditional" language.

Re:Yellen on Bitcoin: Fed Doesn’t Have Authority to Regulate... by jljljl on Friday February 28, 2014 @12:07PM (#7319996)
There is no list of "recognized" religions kept anywhere. "Bona Fide" means "honestly or sincerely", and is in there to prevent people who are caught with peyote from insincerely claiming a religious exemption as a get out of jail free card.

You are probably going to ask who decides if use of peyote is actually protected under this act or not. The answer seems to be a jury of one's peers. Laws are often written to provide guidance for how one's actions should be judged, and do not provide a detailed "if-then" case for their application.

Whether or not peyote should just be fully legalized across the country is a different question.

Re:Yellen on Bitcoin: Fed Doesn’t Have Authority to Regulate... by Crito on Friday February 28, 2014 @12:40PM (#7320217)
> There is no list of "recognized" religions kept anywhere.

Recognition of your religion would likely be determined at the time of your trial.

Should that be the courts right? I would argue no.

Re:Yellen on Bitcoin: Fed Doesn’t Have Authority to Regulate... by jljljl on Friday February 28, 2014 @02:22PM (#7320865)
No. It would not. The court has no right to decide if your religion is legitimate or not. The IRS and the government does recognize certain religious _organizations_ (e.g. churches for tax exemptions), but the state cannot pass any judgement on the underlying belief system when they recognize these institutions. This is what the Establishment Clause clearly protects.

Sources: http://www.irs.gov/irm/part7/irm_07-025-003.html#d0e1146 http://en.wikipedia.org/wiki/Establishment_Clause

Re:Yellen on Bitcoin: Fed Doesn’t Have Authority to Regulate... by MichaelGG on Thursday February 27, 2014 @06:03PM (#7315907)
If the exemption came from the sovereignty of the Native states/tribes, why would it be narrowed down to just peyote? Versus letting those nations simply decide for themselves their own "scheduling" of medications?

I'm going off a few quick searches, but the peyote bit seems to exclude it for any "bona fide ceremonies" for the Native American Church, regardless of race. I didn't see any mention that they must be on reservations either. Wikipedia also notes that some states have a "bona fide religious" exemption that's not related to the NAC (which is at least somewhat more consistent, but "bona fide" is still silly to apply in this scope).

Re:Yellen on Bitcoin: Fed Doesn’t Have Authority to Regulate... by jljljl on Thursday February 27, 2014 @06:46PM (#7316192)
Nations are not necessarily tied to land, nor is the sovereignty of the Native nations full sovereignty.

I don't understand the full ramifications of the treaty and legal status myself. My point was just to indicate that the flippant remark about "some religions can use peyote" leaves out a lot of historical, political, and legal context.

Re:Yellen on Bitcoin: Fed Doesn’t Have Authority to Regulate... by MichaelGG on Thursday February 27, 2014 @10:26PM (#7317066)
OK, what about Sikhs and the dagger they are "required" wear at all times? I can't up and decide I must wear a knife (even if I put glue on it), then expect schools and the TSA to allow me to do so. The fact is that my "flippant" remark, while mentioning peyote specifically, applies to other such cases. Another example: conscientious objector status (which now has the religious part removed, but required a supreme court case to do so, AFAIK).
Re:Yellen on Bitcoin: Fed Doesn’t Have Authority to Regulate... by argumentum on Sunday March 02, 2014 @05:33PM (#7331060)
> but required a supreme court case to do so

That's the point of the Supreme Court, which did it's job and confirmed that the government is not supposed to determine what constitutes a religion.

The Sikh kirpan (knife) issue hasn't been argued before the supreme court. When it is, I expect a school's right to ban that weapon will be affirmed on the same grounds.