Quote from Wallet:
Without opening up a can of worms here over constitutional intent, the constitution was written to protect religion from government, not the other way around which seems to be today's interpretation.
Religious exemption is seen throughout our history, modern day examples include exemptions for Social security taxes as in the Amish, conscientious objectors from military service, religious exemption from inoculations, many others, etc, .........
To force a person to violate their true religious beliefs, imho is unconstitutional, which I believe is where this is headed.
In a civilized and civil democratic society, any strongly held personal beliefs are tempered by the rule of law. The Constitution wisely intended exactly that by using words which separate the vigor of peoples' many versions of true religious belief away from government. In doing so it profoundly protects religious belief and simultaneously, protects people from religious belief.
Religious beliefs no longer wield a free pass, nor should they. Many deep and strong beliefs fervently held as true, usually based on religious ideals, have caused mayhem throughout history.
Religious exemption from the law is not a just right. Because a person happens to believe a particular thing as true, does not then make it reasonable to be excused from the same laws everyone else - including those who deeply believe differently - are obliged to follow.
To address the points you raise.
Deeply held personal beliefs do not void responsibility.
If the Amish are required not to make social security payments, surely to be fair and just to all, that should be for specific practical reasons which make it transparently unnecessary and thereby outside any legal requirement. Not just because they are Amish with a strong belief they should not have the same responsibility to pay along with everyone else .
There is highly valid reason for conscientious objection from military service on humanitarian grounds alone, never mind religious, which has more to do with the question of subscription than a voluntary service, in where there are clear cut responsibilities to be honored.
Depriving a child of proven medical life saving care only on grounds of some deeply held religious belief, which by any other name is called superstition, is immoral. Parents' responsibility is to do everything to nurture and protect their child and quite rightly they are obliged under law so to do, by carrying out those responsibilities. Excusing themselves by dint of what they declare to be a true religious belief, to the point where they are willing risk the wellbeing, or life itself of their offspring, simply borders on the psychotic in my opinion and should be dealt with accordingly.
Not living up to commitments, to community, by exempting and excusing, to gain special privileges over others, for no reason than a belief. Freedom of religion and freedom from religion. Neither category has that right. If they do, as you suggest, that in my opinion is what's unconstitutional.