Posted on 09/16/2010 1:48:29 AM PDT by Rashputin
No. What I'm asserting is that people who are on private property are on that private property either by invitation, or without invitation. If they are there without an invitation because they either never had one to begin with, or because it was rescinded, then they are by definition - a trespasser.
You - and the author of this article - keep trying to make this a about religion. It's has NOTHING to do with religion, and everything to do with the rights of the private property owner, or his designee.
In this case, the Imam was either the owner of the mosque, or he was the legally recognized agent of the mosque. It's his prerogative to say who stays, and who goes. The police will ALWAYS respect the wishes of the private property owner.
Liberty rights and property rights, and by extention life... (of the Declaration's trio, "life, liberty and the pursuit of happiness (which includes property)") are protected by traditional American statutory and common-law trespass laws, totally well stated by OldDeckHand.
If one can't understand something as basic and fundamental to liberty as private property rights, one really shouldn't be commenting on legal issues at all.
I do wonder how long Islam itself can be recognized with the legal fiction of being merely a religion--when it is, demonstrably and historically--first and foremost--a social/political system....but that is an entirely different issue from the application of centuries-old trespass laws on legally owned private property.
If the mosque can't get these women to comply with their religious customs by persuasion, they should revoke their membership (if mosques have formal memberships) and tell them they are no longer welcome in that mosque. The church or mosque should be required to exhaust its persuasion and sanctions before these situations are even remotely considered to be illegal trespass under the law.
So tell us, if members of a protestant church where Sunday School classes are divided by age and sex have members who will not go to their designated class, should the pastor call the cops?
And, again, no one provides either specific statutes or court cases that address this very specific situation. So I guess you guys have some ESP that enables you to foresee how courts would rule on very specific situations.
So, tell us precisely how SCOTUS will eventually rule on all the lawsuits involving Obamacare.
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