Search This Blog

15 July 2012

Civil Rights Activists Win Adker v. Barrard in Supreme Court


The Supreme Court on Thursday struck down a Teseress sector law prohibiting Norientenists from wearing their signature ultra-conservative clothing, upholding the decision of the New Ceni Court of Appeals. In the decision, decided 8-3, Chief Justice Masnol Binnil wrote the opinion striking down the law. In his opinion, Chief Justice Binnil wrote that ‘violating the religious belief of Norientenists requiring them to wear conservative clothing by passing a law violates Article 3 of the constitution. It limits their right to practice their religion and this law is prohibiting them from doing so, therefore the law is unconstitutional.’ The dissent, written by Justice Kierra Porrieto of Elephanthia, says that ‘the law was passed to protect the public welfare.’ Justices Brian Foster, Sk’Arnold Titran, Sartosan Cintner, Shintner Cren, Bari Batess, Joh-Obi-Lah, and Dree Chealy all voted with Chief Justice Binnil to strike down the law. Justices Lariri Cleack and Islam Formosa both voted to uphold the law. The stated purpose of the law was to ‘prohibit ultra-conservative wear in order to promote sectorial unity and cohesiveness.’ The law, passed by the Teseress Duma 145-135 in a close session after a heated debate, was scheduled to take effect July 1 except for the court challenge by Mr. Jarno Adker. Adker won his court case in March in trial court against Mr. Terken Barrard, Governor of the Teseress sector. Mr. Barrard appealed the ruling but lost. He then appealed to the Supreme Court. The Court found that banning the garments would ‘deprive an entire religion of one of its core tenets. Passing such a law would infringe on their civil rights.” The judges refused the sector’s argument that it helps the public have unity, strength, and cohesiveness as a whole. “No display of public unity or cohesiveness outweighs the right of Ceni’s citizens to practice their religion freely,” the court said. The Cenian Association of Civil Liberties (CACL) and Vivat Libertas Populi Nostri (VLPN) both filed amicus curae (friend of the court) briefs in favor of Mr. Adker. CACL and VLPN both welcome the ruling as a victory for Cenians’ civil rights. Legislator Bodkin Plodein, drafter of the bill, said that the ruling was “not a surprise, but we will work with the federal government to resolve this issue.”

No comments:

Post a Comment