Missouri Constitution

Article I
Section 5

August 28, 2005

Religious freedom--liberty of conscience and belief--limitations.

Section 5. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no human authority can control or interfere with the rights of conscience; that no person shall, on account of his religious persuasion or belief, be rendered ineligible to any public office or trust or profit in this state, be disqualified from testifying or serving as a juror, or be molested in his person or estate; but this section shall not be construed to excuse acts of licentiousness, nor to justify practices inconsistent with the good order, peace or safety of the state, or with the rights of others.

Source: Const. of 1875, Art. II, 5.

(1953) Evidence reviewed and held to establish that schools taught by nuns of religious order were not in fact free public schools and therefore not entitled to support from public funds. Berghorn v. Reorganized School Dist. No. 8, 364 Mo. 121, 260 S.W.2d 573.

(1973) Payment of taxes by parent who sends his children to religiously oriented schools does not interfere with his constitutional right to select such a school for his children. McDonough v. Aylward (Mo.), 500 S.W.2d 721.

(1976) Denial to members of a religious society of whom only one was a priest and the others were laymen who did not have the religious ministry as a primary and regular vocation, of an occupancy permit to occupy an existing residence as their home in an area zoned single family residential was not a denial of their constitutional rights under the freedom-of-worship and due process clauses of the Missouri Constitution. Association for Educational Development v. Hayward (Mo.), 533 S.W.2d 579.

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