Guardianships And The First Amendment

Guardianships and the First Amendment By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2009 by Anthony J. Fejfar A Guardian purports to have the power to make major life choices for a Ward. In fact, this is not true. Guardians act under the Color of State law, and the acts of a Guardian constitute State Action for purposes of the First Amendment. The First Amendment of the United States Constitution specifically states that State Action cannot be used to Establish a Religion. Thus, Guardians are prohibited from making religious choices for their Wards because this would violate the First Amendment Prohibition against using State coercive force to Establish the religion of the Ward. Additionally, the First Amendment also protects religious freedom. Under the Free Exercise Clause of the First Amendment, the Ward has a right to choose his or her own religion without interference from the State, that is, without interference of the Guardian who acts under Color of State law.

Finally, the United Nations Universal Declaration on Human Rights,

states that every person has a Human Right under International Law, of religious selfdetermination. Thus, it is a Crime Against Humanity for a Guardian to try to force a Ward to adopt any particular religious belief or affiliation. Thus, when a Guardian attempts to force a particular religious belief or practice or affiliation upon the Ward this constitutes a Crime under 18 United States Section 242, and also constitutes a tort under 42 United States Code Section 1983.