Can anyone found a religion which would be protected by the freedom of religion including all newly-created rules and rituals?

Depends if the religion is a legit belief or not. A group of friends can’t just create a relgion so they can legally smoke weed. They would have to prove that they are sincere in their beliefs. Now If “Lurvnuism” had followers around the country and they all sincerely believe in it then yes they should be protected because this country has freedom of religion. If 3 potheads came up with the idea then no its not a religion. It’s just 3 potheads trying to find ways to abuse freedom of religion to smoke weed without getting in trouble

Who decides what is legit?

That’s why I think religious tax exemptions are unconstitutional in the US. If religious institutions get tax breaks, then the government is deciding what is and what is not religion.

I checked how the US IRS defines a religious order. IRS.gov “IRS Publication 78,
Cumulative List of Organizations Described in Section 170© of the Internal Revenue Code of 1986” has the full list. You are free to file a petition to add your organization or religious order however under Internal Revenue Code IRC section 501( c)(3) organizations, including churches and religious organizations, must abide by certain rules:
■
their net earnings may not inure to any private shareholder or individual,
■
they must not provide a substantial benefit to private interests,
■
they must not devote a substantial part of their activities to attempting to influence legislation,
■
they must not participate in, or intervene in, any political campaign on behalf of (or in opposition to) any candidate for public office, and
■
the organization’s purposes and activities may not be illegal or violate fundamental public policy.”

So go for it. You are no more nor less valid than any other religious organization – as long as you stick to the rules. Read the publication.
You have inspired me to start one that involves ice cream, cheese cake, chocolate sauce and Beyonce.

Smoking weed as of right now is illegal, end of story if religions can break the law and get away with it right in your face well I am not for it.

“the organization’s purposes and activities may not be illegal or violate fundamental public policy.”

Mine is going to be against working when your tired or when something good is on TV…and the work week is tuesday to friday…anyone want to join?

You would have to grow dreadlocks and become a Rastafarian Fluther….Ya Mon!

I don’t think the weed smoking would be permitted. The government does make an exception by allowing certain Native Americans to smoke peyote as part of their religious ceremony, but this ceremony has a long history behind it.

@jaytkay Establishment Clause: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” I’d like you to point to where that prohibits the gov’t from not taxing certain organizations?

In terms of tax exemptions:
(c) Exceptions
(1) Mandatory exceptions
Subsections (a) and (b) shall not apply to—
(A) churches, their integrated auxiliaries, and conventions or associations of churches,

referring to An organization described in subsection© or (d) or section 401 (a) shall be exempt from taxation under this subtitle unless such exemption is denied under section 502 or 503. ... 503 covers things like:

(b) Prohibited transactions
For purposes of this section, the term “prohibited transaction” means any transaction in which an organization subject to the provisions of this section—
(1) lends any part of its income or corpus, without the receipt of adequate security and a reasonable rate of interest, to;
(2) pays any compensation, in excess of a reasonable allowance for salaries or other compensation for personal services actually rendered, to;
(3) makes any part of its services available on a preferential basis to;
(4) makes any substantial purchase of securities or any other property, for more than adequate consideration in money or money’s worth, from;
(5) sells any substantial part of its securities or other property, for less than an adequate consideration in money or money’s worth, to; or
(6) engages in any other transaction which results in a substantial diversion of its income or corpus to;

The more notable 501©3 says:
(3) Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.

However, for the purposes of being exempt from federal/state law under the establishment clause, I can’t find the specific things.

However, you would probably have to sue the DEA to get permission:

http://iml.jou.ufl.edu/projects/students/marques/relig.htm

http://marc.perkel.com/2009/03/03/church-of-reality-vs-dea-over-religious-use-of-masrijuana/
http://stash.norml.org/native-american-church-sues-dea-over-right-to-religious-use-of-marijuana

And the specific law regarding Peyote:
http://www.law.cornell.edu/uscode/search/display.html?terms=1996a&url=/uscode/html/uscode42/usc_sec_42_00001996---a000-.html

@jaytkay A legit religion is one that have followers that actually believe in it. I already explained all that in my answer. Doesn’t matter what religion it is. A legit religion has legit followers.

You and the government can’t determine actual belief.

I am thinking of a religion where you send me your money. I will be happy with 8% of your gross earnings. Sent to me monthly. I will talk to “our” God, getting the ok, that when you die. You will go to heaven, given all the wealth and pleasure you deserve and wish.

I will even give you a certification to verify this.

But, miss a payment.. To hell you will go.

@jaytkay Don’t put words in my mouth. I never said I could. For something to be considered a religion there has to be followers. No 5 friends who made something up out of the blue. A religion is a belief but not every belief is a religion.

You become a Catholic Priest by attending a Catholic seminary. Male OR female, a degree in theology is not going to do the trick.

@grumpyfish Determining what is a church and tax exempt requires labeling some groups as valid religions and others not. Government preference among religions violates the establishment clause.

Though I suppose many or most could qualify as non-profits on other grounds.

@jaytkay Religions (as long as they don’t do any prohibited transactions) are tax exempt without even applying. If your religious beliefs REQUIRE you to do any of the prohibited transactions, you could certainly sue the IRS for a ruling. Same as suing the DEA for being allowed to smoke pot.

Yes, smoking weed as of right now is illegal, but so is denying female applicants a job if they are qualified just because they are female. If a woman wants to become a priest, the Catholic church breaks anti-discrimination laws refusing to look at her application. And they get away with it. Why can’t Lurvnuists smoke weed then? Isn’t this a contradiction?

Freedom of Religion protects people, not religions.

@mattbrowne some denominations do not allow female clergy, ministers or whatever. Some think it is against the will of God. I personally don’t know if it is or not. Churches are not businesses(though some people think they are) and priest do apply for jobs. They are assigned to a parish.

The short answer is yes, within certain guidelines.

No, the Supreme Court of USA questions your very assumptions !!!

“Can a man excuse his [illegal] practices…because of his religious belief? To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself. Government could exist only in name under such circumstances….”