Posted on 03/31/2015 9:36:26 PM PDT by EternalVigilance
All this talk about religious liberty legislation makes me wonder why they don't simply follow their own state constitutions.
All of the state constitutions that I'm aware of read pretty much like Indiana's:
Indiana Constitution:Article One
Section 2. All people shall be secured in the natural right to worship ALMIGHTY GOD, according to the dictates of their own consciences.
Section 3. No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions, or interfere with the rights of conscience.
Oh stop.
They can’t read...erh, they are completely happy being conciously and purposely incompetent, for the sole purpose of mangling the white man’s engrish, to suit their ends.
Excellent point, EV!
(And one I don’t hesitate to point out.)
Here’s the problem. Jurisdiction is generally vested in an administrative “Civil Rights Commission.” This is who goes after the florist or photographer who refuses to participate in a homosexual wedding.
The power of these commissions is generally limited to enforcing the anti-discrimination statutes. Here is the kicker. Most of them are BARRED from considering First Amendment or State constitution defenses to the claims, on the ground that they lack jurisdiction and those defenses can only be asserted in a court action.
So the “offender” is tried and convicted without the ability to raise a defense. Now ultimately, you theoretically have the right to go to court after the commission has held you liable, but that can be years after they first go after you, and in the meantime, you have lost your business and have paid a fortune to lawyers to defend you. Plus, once you take it to court you are faced with a whole body of law that says the courts are generally supposed to defer to administrative rulings.
The Act was amended in 2003 to only include the federal government and its entities, such as Puerto Rico and the District of Columbia. A number of states have passed state RFRAs, applying the rule to the laws of their own state, but the Smith case remains the authority in these matters in many states.
As it turns out, there are 21 others states that have RFRA’s.
Have college coaches been precluded from visiting those states?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.