The Clergyman's Hand-book of Law: The Law of Church and GraveScanlan, Charles Martin
Religion
The Clergyman's Hand-book of Law: The Law of Church and Grave
Scanlan, Charles Martin
Burial laws -- United States; Ecclesiastical law -- United States
*399.* _Private School._—A person may be punished under the statute for
wilfully disturbing a private school kept in a district schoolhouse for
instruction in the art of writing.(708)
*400.* _Disturbing a Religious Meeting._—Under a statute against
disturbing a religious meeting, it has been held that it should define
what disturbance is punishable.(709) Also, mere want of attention or
observance of ceremonies, as standing or kneeling at times, is not a
violation of the law.(710) Neither is singing out of time, unless done
purposely,(711) nor performing a proper duty, such as objecting to a
silenced clergyman’s conducting the services.(712)
*401.* _Common Law, Offense, Statutory Law._—If there is no statutory
provision, in those States where the common law prevailed before the
admission of the State to the Union the offense is punishable under the
common law.(713) And even in States where there is a statutory law on the
subject, a person may be convicted at common law.(714)
*402.* _Services, Violation, Time._—The nature of the services and the
discipline of the denomination may determine whether there is a violation
of the law. Usually the disturbance may occur at any place the
congregation is assembled, and at any time when any part of the
congregation is assembled for religious services or business.(715)
*403.* _Force, Priest, Preserve Order._—A congregation may use sufficient
force to remove a disturber.(716) A Catholic priest who is the conductor
of religious services and master of ceremonies within his church has the
right to preserve order and to remove by force, if necessary, any person
who disturbs his services.(717)
*404.* _Interrupt, Liquors, Traffic._—There are statutes in most of the
States making it a penal offense to interrupt or molest any assembly or
meeting of the people for religious worship, or to sell intoxicating
liquors or other articles of traffic within a certain distance of any
camp-meeting or other religious assembly, except at a place of business
regularly established prior to such meeting or assembly and not with
intent of evading the provisions of the law.(718)
*405.* _Theory, Blasphemy, Crime._—On the theory that the United States is
a Christian nation, blasphemy is held to be a crime.(719) Infidels
naturally claim that it interferes with their rights. However, there is no
more interference with the private rights of the infidel than there is
with the private right of the Mormon who is forbidden to violate the laws
of the country by having a plurality of wives; and it has been held that
any words importing imprecation for divine vengeance may constitute
profane cursing or blasphemy.(720)
*406.* _Religion, God, Ridicule, Virgin._—Words vilifying the Christian
religion,(721) denying God or the final judgment,(722) and profane
ridicule of the Holy Scriptures or of Christ,(723) are usually punishable.
Also, the use of vile words applied to the Virgin Mary is blasphemy.(724)
Public-domain text, read in full here on John Shaqi.
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