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To: george wythe
That's a new one on me, George. Kindly point me to the case so I can educate myself. Thanks.
99 posted on 05/29/2003 3:36:54 PM PDT by savedbygrace
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To: savedbygrace
In 1984, the U.S. Eighth Circuit Court of Appeals in Quaring v. Peterson, 728 F.2d 1121 (1984), heard a case in which a Christian woman requested a non-photo driver's license because she considered the photograph to be a "graven image" forbidden by her religious beliefs. The court held:
(1) Nebraska driver's licensing requirement that applicants submit to having color photograph taken for affixing on the license unconstitutionally burdened subject applicant's free exercise of her sincerely held religious beliefs, supported by historical and biblical tradition and implemented in her daily life, that the taking of her photograph would violate the Second Commandment's express forbidding of the making of any graven image or likeness of anything in creation, and
(2) requiring that applicant receive her license without complying with photograph requirement was reasonable accommodation of her religion and did not violate establishment clause.
The U.S. Supreme Court affirmed this ruling in Jensen v. Quaring, 472 U.S. 478 (1985).


The two other cases directly on point are Dennis v. Charnes, 646 F. Supp. 158 (D. Colo. 1986), and Bureau of Motor Vehicles v. Pentecostal House of Prayer, Inc, 380 N.E.2d 1225 (Ind. 1978). Both cases found the right to a non-photo driver's license under religious exemption.

The Colorado case, also a federal case, is Dennis v. Charnes, 646 F. Supp. 158 (D. Colo. 1986). Once again, the plaintiff was a Christian who objected to photographs on the ground that they were graven images. The Colorado district court found for the plaintiff and granted him a religious exemption.

The Indiana case, although is a state case, is the earliest case I've seen. The case is Bureau of Motor Vehicles of The State of Indiana v. Pentecostal House of Prayer, Inc, 269 Ind. 361 (1978). Like the other cases, it deals with a Christian who believed that photographs were graven images and didn't want a photo driver's license. The Indiana Supreme Court upheld this right.

Please not that the US Supreme Court has reversed itself many times, therefore if the Florida case goes to the US Supreme Court, this previous precedent can be overturned or sidestepped by a narrow ruling.

100 posted on 05/29/2003 3:56:06 PM PDT by george wythe
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