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To: Responsibility2nd

this isn’t about gay rights, this is about the first amendment. Government forcing/punishing another individual because of he/she said. Might as well make a law that say, no Christians allowed to voice their opinion


39 posted on 07/07/2014 2:03:06 PM PDT by 4rcane
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To: 4rcane

I expect the Senate to try to repeal the Religious Freedom Restoration Act. It will pass with democrat votes, but he House will reject it.

The Supreme Court has already, for all practical purposes, rejected the First Amendment as it applies to religion.

“Employment Division, Department of Human Resources of Oregon vs. Smith, 494 U.S. 872 (1990), is a United States Supreme Court case that determined that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was part of a religious ritual. Although states have the power to accommodate otherwise illegal acts done in pursuit of religious beliefs, they are not required to do so.”

https://en.wikipedia.org/wiki/Employment_Division_v._Smith

Per SCALIA:

“It is a permissible reading of the [free exercise clause]...to say that if prohibiting the exercise of religion is not the object of the [law] but merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment has not been offended....To make an individual’s obligation to obey such a law contingent upon the law’s coincidence with his religious beliefs, except where the State’s interest is ‘compelling’ - permitting him, by virtue of his beliefs, ‘to become a law unto himself,’ contradicts both constitutional tradition and common sense.’ To adopt a true ‘compelling interest’ requirement for laws that affect religious practice would lead towards anarchy.”

Nothing like having a conservative on the court write an opinion that stripped the meaning of the First Amendment right out of it. According to Scalia, as long as the law doesn’t TARGET religious practice, it can prohibit the religious practice, even if there is no compelling need (such as would be served with human sacrifice, for example).


71 posted on 07/07/2014 2:46:26 PM PDT by Mr Rogers
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