Legal Question in Constitutional Law in Minnesota
Religious Rights of ''Sex'' Offenders
I'm currently on probation for incest with my adult sister ( I do have a case of juvenile incest also, meaning I was a juvenile). I became an ordained minister since then, in 2006. The County DOC is recently trying to take away my rights to being a minister. Saying they feel since I'm a ''sex offender'' it would protect the public interest.
From my understanding of Supreme Court Rulings, their must be a balance between, my rights to religion and protecting society.
How would I go about trying to explain to the courts and DOC the Supreme Court Rulling of ....Oregon v Smith and the least restrictive alternative rulling?
1 Answer from Attorneys
Re: Religious Rights of ''Sex'' Offenders
The government can't decide who is or isn't a member of the clergy. Any agency or court that believes otherwise doesn't understand the constitution.
You should not try to explain this to the courts or the government agency yourself if you don't have to. Contact your local ACLU chapter; there's a good chance it will either represent you with its own lawyers or help you find other counsel willing to take the case on a pro bono basis.
Good luck.