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113-526: Many attendees of the Exotic Erotic Ball came to the event in elaborate and creative Halloween costumes to compete in the annual “Best Costume” contest which in later years typically awarded the winner prize money and merchandise in the US$ 10,000 range. While the Exotic Erotic Ball by definition would be considered a " Festival " the event is rarely categorized into conventional terms by attendees,

226-767: A Celtic festival held on 31 October to mark the beginning of winter. It was called Samhain in Ireland , Scotland and the Isle of Man , and Calan Gaeaf in Wales , Cornwall , and Brittany . The festival is believed to have pre-Christian roots. After the Christianization of Ireland in the 5th century, some of these customs may have been retained in the Christian observance of All Hallows' Eve in that region—which continued to be called Samhain / Calan Gaeaf —blending

339-693: A Constitutional Convention in Philadelphia proposed a new constitution on September 17, 1787, featuring among other changes a stronger chief executive. George Mason , a Constitutional Convention delegate and the drafter of Virginia's Declaration of Rights, proposed that the Constitution include a bill of rights listing and guaranteeing civil liberties . Other delegates—including future Bill of Rights drafter James Madison —disagreed, arguing that existing state guarantees of civil liberties were sufficient and any attempt to enumerate individual rights risked

452-563: A State nor the Federal Government can constitutionally force a person 'to profess a belief or disbelief in any religion.' Neither can it constitutionally pass laws or impose requirements which aid all religions as against non-believers, and neither can it aid those religions based on a belief in the existence of God as against those religions founded on different beliefs. At the core of the Establishment Clause lays

565-682: A capricious right, i.e. universal, broad, and deep—though not absolute. Justice Field put it clearly in Davis v. Beason (1890): "However free the exercise of religion may be, it must be subordinate to the criminal laws of the country, passed with reference to actions regarded by general consent as properly the subjects of punitive legislation." Furthermore, the Supreme Court in Employment Division v. Smith made clear that "the right of free exercise does not relieve an individual of

678-533: A chronic violent crime problem for "decades" and in 2010 was ranked as the 6th most dangerous city in the United States). In 2011, Howard Mark Mauskopf, 53, the owner of Perry Mann Productions, of Beverly Hills, which put on the 2009 Exotic Erotic Ball at the Cow Palace, faced felony charges for allegedly writing at least $ 10,000 worth of bad checks and using a fraudulent credit card to cover expenses for

791-603: A community may not suppress, or the state tax, the dissemination of views because they are unpopular, annoying or distasteful. If that device were ever sanctioned, there would have been forged a ready instrument for the suppression of the faith which any minority cherishes but which does not happen to be in favor. That would be a complete repudiation of the philosophy of the Bill of Rights . In his dissenting opinion in McGowan v. Maryland (1961), Justice William O. Douglas illustrated

904-759: A costume. But in the 1930s, A.S. Fishbach, Ben Cooper, Inc. , and other firms began mass-producing Halloween costumes for sale in stores as trick-or-treating became popular in North America. Halloween costumes are often designed to imitate supernatural and scary beings. Costumes are traditionally those of monsters such as vampires , werewolves , zombies , ghosts , skeletons , witches , goblins , trolls , devils , etc., or in more recent years, such science fiction -inspired characters as aliens and superheroes . There are also costumes of pop culture figures like presidents, athletes, celebrities, or characters in film, television, literature, etc. Another popular trend

1017-670: A double protection, for it is a shield not only against outright prohibitions with respect to the free exercise of religion, but also against penalties on the free exercise of religion and against indirect governmental coercion. Relying on Employment Division v. Smith (1990) and quoting from Church of the Lukumi Babalu Aye, Inc. v. Hialeah (1993) the Supreme Court stated in Trinity Lutheran Church of Columbia, Inc. v. Comer (2017) that religious observers are protected against unequal treatment by virtue of

1130-419: A double security, for its aim is as well the prevention of religious control over government as the prevention of political control over religion. The First Amendment's framers knew that intertwining government with religion could lead to bloodshed or oppression, because this happened too often historically. To prevent this dangerous development they set up the Establishment Clause as a line of demarcation between

1243-530: A precursor to the Exotic Erotic Ball, took place in Mann's Tenderloin, San Francisco, California apartment in 1978 and attracted a few hundred people. In 1979, Perry Mann organized the first Exotic Erotic Ball, moving it to California Hall , in San Francisco, with 800 to 900 people paying $ 10 apiece, to raise campaign funds for his business partner and best friend, Louis Abolafia , who ran for President of

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1356-508: A religious capacity to exercise governmental power; or for the government to extend benefits to some religious entities and not others without adequate secular justification. Originally, the First Amendment applied only to the federal government, and some states continued official state religions after ratification. Massachusetts , for example, was officially Congregational until the 1830s. In Everson v. Board of Education (1947),

1469-457: A religious observance compulsory. It may not coerce anyone to attend church, to observe a religious holiday, or to take religious instruction. But it can close its doors or suspend its operations as to those who want to repair to their religious sanctuary for worship or instruction." In McCreary County v. American Civil Liberties Union (2005) the Court explained that when the government acts with

1582-485: A repugnant belief, Torcaso v. Watkins , 367 U. S. 488; nor penalize or discriminate against individuals or groups because they hold religious views abhorrent to the authorities, Fowler v. Rhode Island , 345 U. S. 67; nor employ the taxing power to inhibit the dissemination of particular religious views, Murdock v. Pennsylvania , 319 U. S. 105; Follett v. McCormick , 321 U. S. 573; cf. Grosjean v. American Press Co. , 297 U. S. 233." The Free Exercise Clause offers

1695-520: A tradition whereby people impersonated the Aos Sí , or the souls of the dead, and received offerings on their behalf. Impersonating these beings, or wearing a disguise, was also believed to protect oneself from them. It is suggested that the mummers and guisers "personify the old spirits of the winter, who demanded reward in exchange for good fortune". F. Marian McNeill suggests the ancient pagan festival included people wearing masks or costumes to represent

1808-677: A widely held consensus that there should be no nationally established church after the American Revolutionary War . Against this background the National Constitution Center states: Virtually all jurists agree that it would violate the Establishment Clause for the government to compel attendance or financial support of a religious institution as such, for the government to interfere with a religious organization's selection of clergy or religious doctrine; for religious organizations or figures acting in

1921-432: Is "an establishment of religion." The term "establishment" denoted in general direct aid to the church by the government. In Larkin v. Grendel's Den, Inc. (1982) the Supreme Court stated that "the core rationale underlying the Establishment Clause is preventing 'a fusion of governmental and religious functions,' Abington School District v. Schempp , 374 U. S. 203, 374 U. S. 222 (1963)." The Establishment Clause acts as

2034-481: Is "the right of all persons to believe, speak, and act – individually and in community with others, in private and in public – in accord with their understanding of ultimate truth." The acknowledgement of religious freedom as the first right protected in the Bill of Rights points toward the American founders' understanding of the importance of religion to human, social, and political flourishing. Freedom of religion

2147-473: Is a useful metaphor, but is not an accurate description of the practical aspects of the relationship that in fact exists. The Constitution does not require complete separation of church and state; it affirmatively mandates accommodation, not merely tolerance, of all religions, and forbids hostility toward any." The acknowledgement of religious freedom as the first right protected in the Bill of Rights points toward

2260-553: Is absolute. Federal or state legislation cannot therefore make it a crime to hold any religious belief or opinion due to the Free Exercise Clause. Legislation by the United States or any constituent state of the United States which forces anyone to embrace any religious belief or to say or believe anything in conflict with his religious tenets is also barred by the Free Exercise Clause. Against this background,

2373-475: Is for women (and, in some cases, men) to use Halloween as an opportunity to wear costumes that reveal more skin than might be socially acceptable otherwise. Young girls often dress as entirely non-scary characters for Halloween, including princesses , fairies , angels , cute animals , and flowers . Halloween costume parties generally take place on or around October 31, often on the Friday or Saturday before

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2486-468: Is not possible in an absolute sense. Some relationship between government and religious organizations is inevitable", the court wrote. "Judicial caveats against entanglement must recognize that the line of separation, far from being a 'wall', is a blurred, indistinct, and variable barrier depending on all the circumstances of a particular relationship." After the Supreme Court ruling in the coach praying case of Kennedy v. Bremerton School District (2022),

2599-469: Is protected by the First Amendment through its Establishment Clause and Free Exercise Clause , which together form the religious liberty clauses of the First Amendment. The first clause prohibits any governmental "establishment of religion" and the second prohibits any governmental interference with "the free exercise thereof." These clauses of the First Amendment encompass "the two big arenas of religion in constitutional law . Establishment cases deal with

2712-508: Is time enough for the rightful purposes of civil government for its officers to interfere [only] when [religious] principles break out into overt acts against peace and good order.' In these two sentences is found the true distinction between what properly belongs to the church and what to the State. Reynolds was the first Supreme Court decision to use the metaphor "a wall of separation between Church and State." American historian George Bancroft

2825-509: The Lemon test , declaring that an action was an establishment if: The Lemon test has been criticized by justices and legal scholars, but it has remained the predominant means by which the Court enforced the Establishment Clause. In Agostini v. Felton (1997), the entanglement prong of the Lemon test was converted to simply being a factor in determining the effect of the challenged statute or practice. In Zelman v. Simmons-Harris (2002),

2938-478: The danse macabre was enacted at village pageants and court masques , with people "dressing up as corpses from various strata of society" and suggested this was the origin of Halloween costume parties. The custom of guising at Halloween in North America was first recorded in 1911, when a newspaper in Kingston, Ontario reported children going "guising" around the neighborhood. In 19th century America, Halloween

3051-441: The free exercise of religion ; or abridging the freedom of speech , the freedom of the press , the freedom of assembly , or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights . In the original draft of the Bill of Rights, what is now the First Amendment occupied third place. The first two articles were not ratified by

3164-487: The precedent "that laws affecting certain religious practices do not violate the right to free exercise of religion as long as the laws are neutral, generally applicable, and not motivated by animus to religion." To accept any creed or the practice of any form of worship cannot be compelled by laws, because, as stated by the Supreme Court in Braunfeld v. Brown (1961), the freedom to hold religious beliefs and opinions

3277-736: The sovereign in religious activity . The Establishment Clause thus serves to ensure laws, as said by Supreme Court in Gillette v. United States (1970), which are "secular in purpose, evenhanded in operation, and neutral in primary impact". The First Amendment's prohibition on an establishment of religion includes many things from prayer in widely varying government settings over financial aid for religious individuals and institutions to comment on religious questions. The Supreme Court stated in this context: "In these varied settings, issues of about interpreting inexact Establishment Clause language, like difficult interpretative issues generally, arise from

3390-510: The "spiritual oasis" with psychic readings and massage, body painting , a classic adult cinema , and a human petting zoo. It also features a commercial area with vendors and exhibitors who showcase the latest in exotic fashion, erotic art , adult products, games, websites, and adult novelties. In 2008, Snoop Dogg headlined a first-ever Friday night concert attached to the Exotic Erotic Ball and Exotic Erotic Expo. In 2008, Treasure Island, San Francisco event, 26,341 people participated in

3503-469: The 1930s, costumes based on characters from mass media, such as film , literature , and radio, gained popularity. Halloween costumes have traditionally been worn mainly by young people, but since the mid-20th century, they have increasingly been worn by adults as well. Dressing up is not strictly restricted to Halloween among Christians, with similar practices being observed on holidays like Christmas . The custom of wearing costumes may have originated in

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3616-512: The Amendment's intent. Congress approved and submitted to the states for their ratification twelve articles of amendment on September 25, 1789. The revised text of the third article became the First Amendment, because the last ten articles of the submitted 12 articles were ratified by the requisite number of states on December 15, 1791, and are now known collectively as the Bill of Rights . Religious liberty, also known as freedom of religion,

3729-726: The American founders' understanding of the importance of religion to human, social, and political flourishing. The First Amendment makes clear that it sought to protect "the free exercise" of religion, or what might be called "free exercise equality." Free exercise is the liberty of persons to reach, hold, practice and change beliefs freely according to the dictates of conscience. The Free Exercise Clause prohibits governmental interference with religious belief and, within limits, religious practice. "Freedom of religion means freedom to hold an opinion or belief, but not to take action in violation of social duties or subversive to good order." The clause withdraws from legislative power, state and federal ,

3842-577: The Celtic-speaking regions, they were "particularly appropriate to a night upon which supernatural beings were said to be abroad and could be imitated or warded off by human wanderers". It has also been suggested that the wearing of Halloween costumes developed from the custom of souling , which was practiced by Christians in parts of Western Europe from at least the 15th century. At Allhallowtide , groups of poor people would go door-to-door, collecting soul cakes – either as representatives of

3955-434: The Christian observance of Allhallowtide . The Christian tradition of acknowledging the danse macabre is also suggested as the origin of dressing up on Halloween. One 19th-century English writer said it "used to consist of parties of children, dressed up in fantastic costume, who went round to the farmhouses and cottages, singing a song, and begging for cakes (spoken of as "Soal-cakes"), apples, money, or anything that

4068-485: The Constitution in states where popular sentiment was against ratification (including Virginia, Massachusetts, and New York) successfully proposed that their state conventions both ratify the Constitution and call for the addition of a bill of rights. The U.S. Constitution was eventually ratified by all thirteen states. In the 1st United States Congress , following the state legislatures' request, James Madison proposed twenty constitutional amendments, and his proposed draft of

4181-501: The Constitution's ban on Congress endorsing, promoting or becoming too involved with religion. Free exercise cases deal with Americans' rights to practice their faith." Both clauses sometimes compete with each other. The Supreme Court in McCreary County v. American Civil Liberties Union (2005) clarified this by the following example: When the government spends money on the clergy, then it looks like establishing religion, but if

4294-406: The Court concluded that "government should not prefer one religion to another, or religion to irreligion." In a series of cases in the first decade of the 2000s— Van Orden v. Perry (2005), McCreary County v. ACLU (2005), and Salazar v. Buono (2010) —the Court considered the issue of religious monuments on federal lands without reaching a majority reasoning on the subject. Everson used

4407-614: The Craneway Pavilion on the Richmond waterfront over two days. Organizers expected 7,500 attendees, but canceled the 2010 event the day before it was scheduled to occur, citing poor ticket sales and cost overruns. Many longtime Exotic Erotic Ball attendees were apparently unwilling to travel to Richmond, an industrial city located 25 miles northeast of San Francisco, citing its longtime reputation for being crime-plagued (the city's own police department described Richmond as having

4520-519: The Establishment Clause and the Free Exercise Clause. Burger's successor, William Rehnquist , called for the abandonment of the "wall of separation between church and State" metaphor in Wallace v. Jaffree (1985), because he believed this metaphor was based on bad history and proved itself useless as a guide to judging. David Shultz has said that accommodationists claim the Lemon test should be applied selectively. As such, for many conservatives ,

4633-404: The Establishment Clause solely prevents the establishment of a state church , not public acknowledgements of God nor 'developing policies that encourage general religious beliefs that do not favor a particular sect and are consistent with the secular government's goals'. In Lynch v. Donnelly (1984), the Supreme Court observed that the "concept of a "wall" of separation between church and state

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4746-425: The First Amendment applies only to state actors , there is a common misconception that it prohibits anyone from limiting free speech, including private, non-governmental entities. Moreover, the Supreme Court has determined that protection of speech is not absolute. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of

4859-401: The First Amendment read as follows: The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed. The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of

4972-647: The First Amendment to states—a process known as incorporation —through the Due Process Clause of the Fourteenth Amendment . In Everson v. Board of Education (1947), the Court drew on Thomas Jefferson 's correspondence to call for "a wall of separation between church and State", a literary but clarifying metaphor for the separation of religions from government and vice versa as well as the free exercise of religious beliefs that many Founders favored. Through decades of contentious litigation,

5085-543: The Free Exercise Clause and laws which target the religious for "special disabilities" based on their "religious status" must be covered by the application of strict scrutiny . In Reynolds v. United States (1878), the Supreme Court found that while laws cannot interfere with religious belief and opinions, laws can regulate religious practices like human sacrifice or the obsolete Hindu practice of suttee . The Court stated that to rule otherwise, "would be to make

5198-416: The Free Exercise Clause to the states. While the right to have religious beliefs is absolute, the freedom to act on such beliefs is not absolute. Religious freedom is a universal right of all human beings and all religions, providing for the free exercise of religion or free exercise equality . Due to its nature as fundamental to the American founding and to the ordering of human society, it is rightly seen as

5311-580: The Lemon Test may have been replaced or complemented with a reference to historical practices and understandings. Accommodationists , in contrast, argue along with Justice William O. Douglas that "[w]e are a religious people whose institutions presuppose a Supreme Being." Furthermore, as observed by Chief Justice Warren E. Burger in Walz v. Tax Commission of the City of New York (1970) with respect to

5424-708: The San Francisco community. Over the years, the Ball distributed hundreds of thousands of dollars to charities supporting causes such as helping the victims of natural disasters, AIDS, homelessness, domestic violence, child abuse, and has always supported freedom of expression and First Amendment Rights. The Exotic Erotic Ball hosted an annual blood drive with Blood Centers of the Pacific whereby free tickets were offered to those who donated blood. Halloween costume Costumes worn on Halloween are traditionally based on frightening supernatural or folkloric beings. However, by

5537-429: The State regulates conduct by enacting a general law within its power, the purpose and effect of which is to advance the State's secular goals, the statute is valid despite its indirect burden on religious observance unless the State may accomplish its purpose by means which do not impose such a burden. In Cantwell v. Connecticut (1940), the Court held that the Due Process Clause of the Fourteenth Amendment applied

5650-455: The Supreme Court incorporated the Establishment Clause (i.e., made it apply against the states): The 'establishment of religion' clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion to another   ... in the words of Jefferson, the [First Amendment] clause against establishment of religion by law

5763-566: The Supreme Court further observed: "Government may not finance religious groups nor undertake religious instruction nor blend secular and sectarian education nor use secular institutions to force one or some religion on any person. But we find no constitutional requirement which makes it necessary for government to be hostile to religion and to throw its weight against efforts to widen the effective scope of religious influence. The government must be neutral when it comes to competition between sects. It may not thrust any sect on any person. It may not make

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5876-400: The Supreme Court ruled that the First Amendment protected against prior restraint —pre-publication censorship—in almost all cases. The Petition Clause protects the right to petition all branches and agencies of government for action. In addition to the right of assembly guaranteed by this clause, the Court has also ruled that the amendment implicitly protects freedom of association . Although

5989-436: The Supreme Court used these words to declare that "it may be accepted almost as an authoritative declaration of the scope and effect of the amendment thus secured. Congress was deprived of all legislative power over mere [religious] opinion, but was left free to reach [only those religious] actions which were in violation of social duties or subversive of good order." Quoting from Jefferson's Virginia Statute for Religious Freedom

6102-609: The United States under the Nudist Party with the slogan: “I have nothing to hide.” Louis also coined the phrase, “Make love, not war!” and his legendary Greenwich Village love-ins inspired the New York press to crown him “The Love King.” Abolafia had previously run in 1968 under the Cosmic Love Party, even then with the slogan "What have I got to hide?". The Concourse Exhibition Center, 635 8th St, San Francisco

6215-443: The boundaries between church and state must therefore answer a difficult question: Why would we trade a system that has served us so well for one that has served others so poorly? -- Justice Sandra Day O'Connor in her concurring opinion in McCreary County v. American Civil Liberties Union (2005). The First Amendment tolerates neither governmentally established religion nor governmental interference with religion. One of

6328-434: The broad protections offered by the First Amendment's religious liberty clauses: The First Amendment commands government to have no interest in theology or ritual; it admonishes government to be interested in allowing religious freedom to flourish—whether the result is to produce Catholics , Jews, or Protestants , or to turn the people toward the path of Buddha , or to end in a predominantly Moslem nation, or to produce in

6441-514: The burden of proof for defamation and libel suits, most notably in New York Times Co. v. Sullivan (1964). Commercial speech, however, is less protected by the First Amendment than political speech, and is therefore subject to greater regulation. The Free Press Clause protects publication of information and opinions, and applies to a wide variety of media. In Near v. Minnesota (1931) and New York Times v. United States (1971),

6554-420: The central purposes of the First Amendment, the Supreme Court wrote in Gillette v. United States (1970), consists "of ensuring governmental neutrality in matters of religion." The history of the Establishment Clause and the Free Exercise Clause and the Supreme Court's own constitutional jurisprudence with respect to these clauses was explained in the 1985 case Wallace v. Jaffree . The Supreme Court noted at

6667-674: The clothing a man employed in any of the fields would wear. Costumes for women are often far from what would be considered accurate of the clothing worn by women in those fields, and focus on the sexualization of the wearer and often the concept portrayed. First Amendment to the United States Constitution The First Amendment ( Amendment I ) to the United States Constitution prevents Congress from making laws respecting an establishment of religion ; prohibiting

6780-458: The combined Exotic Erotic Ball and Exotic Erotic Expo. In 2009, Art Mann Presents reported from the 2009 Exotic Erotic Ball, with Mistress Harley, celebrating its 30th year. In 2010, the expo and ball relocated from the Cow Palace to the new Craneway Pavilion in Richmond, California . The move meant that instead of having 20,000 people, organizers would be limited to 14,000 attendees into

6893-425: The conscience of the infidel , the atheist , or the adherent of a non-Christian faith such as Islam or Judaism. But when the underlying principle has been examined in the crucible of litigation, the Court has unambiguously concluded that the individual freedom of conscience protected by the First Amendment embraces the right to select any religious faith or none at all. This conclusion derives support not only from

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7006-557: The core principle of denominational neutrality. In Epperson v. Arkansas (1968) the Supreme Court outlined the broad principle of denominational neutrality mandated by the First Amendment: "Government in our democracy, state and national, must be neutral in matters of religious theory, doctrine, and practice. It may not be hostile to any religion or to the advocacy of no-religion, and it may not aid, foster, or promote one religion or religious theory against another or even against

7119-463: The court stated further in Reynolds : In the preamble of this act   ... religious freedom is defined; and after a recital 'that to suffer the civil magistrate to intrude his powers into the field of opinion, and to restrain the profession or propagation of principles on supposition of their ill tendency, is a dangerous fallacy which at once destroys all religious liberty,' it is declared 'that it

7232-531: The dead or in return for saying prayers for them. An early reference to wearing costumes on Halloween comes from Scotland in 1585. There are many references to the custom during the 18th and 19th centuries in the Celtic countries of Scotland, Ireland , Mann , and Wales . It has been suggested that the custom comes from the Celtic festivals of Samhain and Calan Gaeaf , or from the practice of " souling " during

7345-505: The dead to gain vengeance on their enemies before moving to the next world . To avoid being recognized by any soul that might be seeking such vengeance, people would don masks or costumes to disguise their identities". In the Middle Ages, statues and relics of martyred saints were paraded through the streets at Allhallowtide. Some churches that could not afford these things had people dress as saints instead. Some believers continue

7458-598: The disbeliever and the uncertain . The precise meaning of the Establishment Clause can be traced back to the beginning of the 19th century. Thomas Jefferson wrote about the First Amendment and its restriction on Congress in an 1802 reply to the Danbury Baptists , a religious minority that was concerned about the dominant position of the Congregational church in Connecticut , who had written to

7571-581: The event. In 2011 and 2012, similar but unrelated events, Masquerotica and the XO Ball & Expo, respectively, filled the void left by the demise of the original Exotic Erotic. In September 2011, Mann announced that they were "pursuing an international opportunity" and "editing our 30-year documentary" but not producing an event. They did recommend a new event called: Masquerotica, to be held on October 22, 2011, at The Concourse in San Francisco—one of

7684-412: The exertion of any restraint on the free exercise of religion. Its purpose is to secure religious liberty in the individual by prohibiting any invasions thereof by civil authority. "The door of the Free Exercise Clause stands tightly closed against any governmental regulation of religious beliefs as such, Cantwell v. Connecticut , 310 U. S. 296, 310 U. S. 303. Government may neither compel affirmation of

7797-429: The free exercise thereof", thus building a wall of separation between Church & State . Adhering to this expression of the supreme will of the nation in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural right in opposition to his social duties. In Reynolds v. United States (1878)

7910-491: The functions and operations of the institutions of religion and government in society. The Federal government of the United States as well as the state governments are prohibited from establishing or sponsoring religion, because, as observed by the Supreme Court in Walz v. Tax Commission of the City of New York (1970), the 'establishment' of a religion historically implied sponsorship, financial support, and active involvement of

8023-539: The fund that will support it? The "establishment" clause protects citizens also against any law which selects any religious custom, practice, or ritual, puts the force of government behind it, and fines, imprisons, or otherwise penalizes a person for not observing it. The Government plainly could not join forces with one religious group and decree a universal and symbolic circumcision . Nor could it require all children to be baptized or give tax exemptions only to those whose children were baptized. Those who would renegotiate

8136-415: The general tendency of the dissents as a weaker reading of the First Amendment; the dissents tend to be "less concerned about the dangers of establishment and less concerned to protect free exercise rights, particularly of religious minorities". Beginning with Everson , which permitted New Jersey school boards to pay for transportation to parochial schools, the Court has used various tests to determine when

8249-432: The good wives would give them". The soulers typically asked for "mercy on all Christian souls for a soul cake". Shakespeare mentioned the practice in his play The Two Gentlemen of Verona (1593). Christian minister Prince Sorie Conteh wrote on the wearing of costumes: "It was traditionally believed that the souls of the departed wandered the earth until All Saints' Day, and All Hallows' Eve provided one last chance for

8362-401: The government cannot pay for military chaplains , then many soldiers and sailors would be kept from the opportunity to exercise their chosen religions. The Supreme Court developed the preferred position doctrine. In Murdock v. Pennsylvania (1943) the Supreme Court stated that "Freedom of press, freedom of speech, freedom of religion are in a preferred position". The Court added: Plainly,

8475-533: The historian George Bancroft , also discussed at some length the Memorial and Remonstrance against Religious Assessments by James Madison, who drafted the First Amendment; Madison used the metaphor of a "great barrier". In Everson , the Court adopted Jefferson's words. The Court has affirmed it often, with majority, but not unanimous, support. Warren Nord, in Does God Make a Difference? , characterized

8588-559: The holiday. Halloween parties are the 3rd most popular party type held in the United States, falling behind only to Super Bowl and New Year's Eve parties. Researchers surveyed for the National Retail Federation in the United States and found that 53.3% of consumers planned to buy a costume for Halloween 2005, spending $ 38.11 on average (up $ 10 from the year before). They were also expected to spend $ 4.96 billion in 2006, up significantly from just $ 3.3 billion

8701-434: The implication that other, unnamed rights were unprotected. After a brief debate, Mason's proposal was defeated by a unanimous vote of the state delegations. For the constitution to be ratified, however, nine of the thirteen states were required to approve it in state conventions. Opposition to ratification ("Anti-Federalism") was partly based on the Constitution's lack of adequate guarantees for civil liberties. Supporters of

8814-408: The interest in respecting the individual's freedom of conscience, but also from the conviction that religious beliefs worthy of respect are the product of free and voluntary choice by the faithful, and from recognition of the fact that the political interest in forestalling intolerance extends beyond intolerance among Christian sects – or even intolerance among "religions" – to encompass intolerance of

8927-423: The long run atheists or agnostics. On matters of this kind, government must be neutral . This freedom plainly includes freedom from religion, with the right to believe, speak, write, publish and advocate anti-religious programs. Board of Education v. Barnette , supra , 319 U. S. 641. Certainly the "free exercise" clause does not require that everyone embrace the theology of some church or of some faith, or observe

9040-410: The media, or event organizers. Because of the broad spectrum of conventional and unconventional entertainment offered on multiple stages at the Exotic Erotic Ball, it may be described as a combination of Adult-themed; Halloween festival, Music Festival , Burlesque show, Lingerie party , Masquerade ball , Fetish club , Swingers party and Adult Industry Trade Show . In 1978, The Nudist Ball ,

9153-402: The metaphor of a wall of separation between church and state , derived from the correspondence of President Thomas Jefferson . It had been long established in the decisions of the Supreme Court, beginning with Reynolds v. United States (1878), when the Court reviewed the history of the early Republic in deciding the extent of the liberties of Mormons. Chief Justice Morrison Waite, who consulted

9266-451: The militant opposite. The First Amendment mandates governmental neutrality between religion and religion, and between religion and nonreligion." The clearest command of the Establishment Clause is, according to the Supreme Court in Larson v. Valente , 456 U.S. 228 (1982), that one religious denomination cannot be officially preferred over another. In Zorach v. Clauson (1952)

9379-498: The newly elected president about their concerns. Jefferson wrote back: Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should "make no law respecting an establishment of religion, or prohibiting

9492-429: The obligation to comply with a "valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes)." United States v. Lee , 455 U. S. 252, 455 U. S. 263, n. 3 (1982) ( STEVENS, J. , concurring in judgment); see Minersville School Dist. Bd. of Educ. v. Gobitis , supra , 310 U.S. at 310 U. S. 595 (collecting cases)." Smith also set

9605-570: The old Ball's longtime venues. In an announcement posted on the Exotic Erotic Ball's Website, Mann promised, "You'll see a lot of familiar faces ... and other body parts." Masquerotica is produced by different local event producers and other than being recommended by Mann has no affiliation to the Exotic Erotic Ball. In September 2012, another similar but unrelated event, at Cow Palace, was the XO Ball and Expo. For several years, Mann also held an Exotic Erotic New Year's Eve Ball, but discontinued it in 1995. The Exotic Erotic Ball fostered strong ties to

9718-549: The opinion of the Court considered secular purpose and the absence of primary effect; a concurring opinion saw both cases as having treated entanglement as part of the primary purpose test. Further tests, such as the endorsement test and coercion test , have been developed to determine whether a government action violated the Establishment Clause. In Lemon , the Court stated that the separation of church and state could never be absolute: "Our prior holdings do not call for total separation between church and state; total separation

9831-452: The ostensible and predominant purpose of advancing religion, then it violates that central Establishment Clause value of official religious neutrality, because there is no neutrality when the government's ostensible object is to take sides. In Torcaso v. Watkins (1961), the Supreme Court ruled that the Constitution prohibits states and the federal government from requiring any kind of religious test for public office . The Supreme Court in

9944-487: The outset that the First Amendment limits equally the power of Congress and of the states to abridge the individual freedoms it protects. The First Amendment was adopted to curtail the power of Congress to interfere with the individual's freedom to believe, to worship, and to express himself in accordance with the dictates of his own conscience. The Due Process Clause of the Fourteenth Amendment imposes on

10057-515: The practice of dressing as saints, biblical figures , and reformers in Halloween celebrations today. Many Christians in continental Europe , especially in France, believed that on Halloween, "the dead of the churchyards rose for one wild, hideous carnival," known as the danse macabre , which has often been depicted in church decoration . An article published by Christianity Today claimed

10170-492: The precise boundaries of the mandated separation have been adjudicated in ways that periodically created controversy. Speech rights were expanded significantly in a series of 20th and 21st century court decisions which protected various forms of political speech, anonymous speech, campaign finance , pornography, and school speech ; these rulings also defined a series of exceptions to First Amendment protections . The Supreme Court overturned English common law precedent to increase

10283-534: The press, as one of the great bulwarks of liberty, shall be inviolable. The people shall not be restrained from peaceably assembling and consulting for their common good; nor from applying to the Legislature by petitions, or remonstrances, for redress of their grievances. This language was greatly condensed by Congress, and passed the House and Senate with almost no recorded debate, complicating future discussion of

10396-527: The press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. The right to petition for redress of grievances was a principle included in the 1215 Magna Carta , as well as the 1689 English Bill of Rights . In 1776, the second year of the American Revolutionary War , the Virginia colonial legislature passed a Declaration of Rights that included

10509-558: The previous year. The troubled economy has caused many Americans to cut back on Halloween spending. In 2009, the National Retail Federation anticipated that American households would decrease Halloween spending by as much as 15% to $ 56.31. In 2013, Americans spent an estimated $ 6.9 billion to celebrate Halloween, including a predicted $ 2.6 billion on costumes (with more spent on adult costumes than for children's costumes) and $ 330 million on pet costumes. In 2017, it

10622-457: The professed doctrines of religious belief superior to the law of the land, and in effect permit every citizen to become a law unto himself. Government would exist only in name under such circumstances." If the purpose or effect of a law is to impede the observance of one or all religions, or is to discriminate invidiously between religions, that law is constitutionally invalid even though the burden may be characterized as being only indirect. But if

10735-413: The relation between Church and State speaks of a 'wall of separation', not of a fine line easily overstepped. ... 'The great American principle of eternal separation'— Elihu Root 's phrase bears repetition—is one of the vital reliances of our Constitutional system for assuring unities among our people stronger than our diversities. It is the Court's duty to enforce this principle in its full integrity." In

10848-528: The religious practices of any majority or minority sect. The First Amendment, by its "establishment" clause, prevents, of course, the selection by government of an "official" church. Yet the ban plainly extends farther than that. We said in Everson v. Board of Education , 330 U. S. 1, 330 U. S. 16, that it would be an "establishment" of a religion if the Government financed one church or several churches. For what better way to "establish" an institution than to find

10961-447: The right to speak and the right to refrain from speaking are complementary components of a broader concept of individual freedom of mind, so also the individual's freedom to choose his own creed is the counterpart of his right to refrain from accepting the creed established by the majority. At one time, it was thought that this right merely proscribed the preference of one Christian sect over another, but would not require equal respect for

11074-406: The same case made it also clear that state governments and the federal government are prohibited from passing laws or imposing requirements which aid all religions as against non-believers, as well as aiding those religions based on a belief in the existence of God as against those religions founded on different beliefs. In Board of Education of Kiryas Joel Village School District v. Grumet (1994),

11187-470: The school prayer cases of the early 1960s Engel v. Vitale and Abington School District v. Schempp , aid seemed irrelevant. The Court ruled on the basis that a legitimate action both served a secular purpose and did not primarily assist religion. In Walz v. Tax Commission of the City of New York (1970), the Court ruled that a legitimate action could not entangle government with religion. In Lemon v. Kurtzman (1971), these points were combined into

11300-477: The sentence "The freedom of the press is one of the greatest bulwarks of liberty, and can never be restrained but by despotic Governments." Eight of the other twelve states made similar pledges. However, these declarations were generally considered "mere admonitions to state legislatures", rather than enforceable provisions. After several years of comparatively weak government under the Articles of Confederation ,

11413-472: The separation of church and state: "No perfect or absolute separation is really possible; the very existence of the Religion Clauses is an involvement of sorts—one that seeks to mark boundaries to avoid excessive entanglement." He also coined the term "benevolent neutrality" as a combination of neutrality and accommodationism in Walz to characterize a way to ensure that there is no conflict between

11526-824: The spirits, and that faces were marked (or blackened) with ashes taken from the sacred bonfire. In parts of southern Ireland, a man dressed as a Láir Bhán ( white mare ) led youths house-to-house reciting verses—some of which had pagan overtones—in exchange for food. If the household donated food it could expect good fortune from the 'Muck Olla'; not doing so would bring misfortune. In 19th century England, youths went house-to-house with masked, painted, or blackened faces, often threatening to do mischief if they were not welcomed. In parts of Wales, men went about dressed as fearsome beings called gwrachod , while in some places, young people cross-dressed . Elsewhere in Europe, mumming and costumes were part of other yearly festivals. However, in

11639-466: The states the same limitations the First Amendment had always imposed on the Congress. This "elementary proposition of law" was confirmed and endorsed time and time again in cases like Cantwell v. Connecticut , 310 U. S. 296, 303 (1940) and Wooley v. Maynard (1977). The central liberty that unifies the various clauses in the First Amendment is the individual's freedom of conscience : Just as

11752-481: The states, so the article on disestablishment and free speech ended up being first. The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification . Initially, the First Amendment applied only to laws enacted by the Congress , and many of its provisions were interpreted more narrowly than they are today. Beginning with Gitlow v. New York (1925), the Supreme Court applied

11865-501: The tension of competing values, each constitutionally respectable, but none open to realization to the logical limit." The National Constitution Center observes that, absent some common interpretations by jurists, the precise meaning of the Establishment Clause is unclear and that decisions by the United Supreme Court relating to the Establishment Clause often are by 5–4 votes. The Establishment Clause, however, reflects

11978-616: The traditions of their ancestors with Christian ones. It was seen as a liminal time when the spirits or fairies (the Aos Sí ) and the souls of the dead could more easily come into our world. It was believed that the Aos Sí needed to be propitiated to ensure that the people and their livestock survived the winter. From at least the 16th century, the festival included mumming and guising , which involved people going house-to-house in costume (or in disguise), usually reciting verses or songs in exchange for food. It may have originally been

12091-519: The wall of separation has been breached. Everson laid down the test that establishment existed when aid was given to religion, but that the transportation was justifiable because the benefit to the children was more important. Felix Frankfurter called in his concurrence opinion in McCollum v. Board of Education (1948) for a strict separation between state and church: "Separation means separation, not something less. Jefferson's metaphor in describing

12204-825: Was a long-time venue. Around 1999, the location changed to the Cow Palace in Daly City. In 2001, Mann released the book The Exotic Erotic Ball: Twenty Years of the World's Sexiest Party ( ISBN   156171917X ). From 2004 through 2009, organizers expanded the Exotic Erotic Ball to include the Exotic Erotic Expo , a two-day Adult-Expo typically held the day before and the day of the Exotic Erotic Ball. Activities included panel discussions on First Amendment rights with adult actress , actors, and media, wine tastings with porn stars , and various oddities such as

12317-481: Was consulted by Chief Justice Morrison Waite in Reynolds regarding the views on establishment by the Founding Fathers . Bancroft advised Waite to consult Jefferson and Waite then discovered the above quoted letter in a library after skimming through the index to Jefferson's collected works according to historian Don Drakeman. The Establishment Clause forbids federal, state, and local laws whose purpose

12430-784: Was estimated that Americans would spend $ 9.1 billion on Halloween merchandise with $ 3.4 billion of that towards Halloween costumes. Another survey by NRF showed that 67% of Halloween shoppers would buy Halloween costumes, spending $ 3.2 billion in 2019. It was estimated that the Halloween spending in 2022 would reach $ 10.6 billion. Halloween costumes in the contemporary Western world sometimes depict people and things from present times and are sometimes read in terms of their political and cultural significance. Halloween costumes are sometimes denounced for cultural appropriation when they uncritically use stereotypical representations of other groups of people such as gypsies and Native Americans . Immigration and Customs Enforcement Secretary Julie Myers

12543-543: Was intended to erect 'a wall of separation between church and State'.   ... That wall must be kept high and impregnable. We could not approve the slightest breach. Citing Justice Hugo Black in Torcaso v. Watkins (1961) the Supreme Court repeated its statement from Everson v. Board of Education (1947) in Abington School District v. Schempp (1963): We repeat and again reaffirm that neither

12656-581: Was involved in a scandal when she awarded "Best Costume" at the ICE Halloween party to an 'escaped Jamaican prisoner' dressed in dreadlocks and blackface . Halloween costumes can also generate controversy through the overt sexualization of many women's costumes – despite a surprisingly long history of it – even those intended for young girls. While costumes of various occupations like student, police officer, academia, clergy, or nursing do exist for men, they are often at least relatively accurate to

12769-569: Was often celebrated with costume parades and "licentious revelries." However, efforts were made to "domesticate" the festival to conform with Victorian era morality. Halloween was made into a private rather than public holiday, celebrations involving liquor and sensuality de-emphasized, and only children were expected to celebrate the festival. Early Halloween costumes emphasized the gothic nature of Halloween and were aimed primarily at children. Costumes were also made at home or using items (such as make-up) that could be purchased and utilized to create

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