I am of the opinion that while 1st Amendment freedom of religion is an important component of the defense, there is an equally important 1st amendment freedom of assembly argument here.
The first amendment freedom of speech has been clearly defined in both positive terms (one has the right to speak) and in the negative (one can not be forced to participate in speech). That rule can and has been applied to religion. One can not be forced to worship against one’s will or participate in a religious activity against one’s desires.
That same rule should be applied to the freedom of assembly. One of the reasons for assembly is for the purpose of commerce or business. In the positive, that means we can participate in the exchange of goods and services. Likewise, in the negative, one can not be forced to participate (buy from) against one’s will.
To say otherwise leads to the absurd where the state can force the People to purchase from a special class of citizens or businesses. That would turn the model of free markets on it’s head and would be directly opposed to the founder’s intent.
I believe this argument should be made before SCOTUS as well.
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To say otherwise leads to the absurd where the state can force the People to purchase from a special class of citizens or businesses. That would turn the model of free markets on it’s head and would be directly opposed to the founder’s intent.
I believe this argument should be made before SCOTUS as well.
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This absurdity HAS been brought up before the Court and deemed Constitutional...a la O’Care.