To: xzins
Yes. The relevant sections are, in essence, the equivalent of the First and Fourteenth Amendments to the Federal Constitution, and say that all persons have the right to right to worship as they choose, and be free of discrimination based on their religion.
The point is, there is a distinction between how one acts as a private citizen, and how one acts as a representative of the state. The state itself has no religious beliefs. So, a magistrate who is acting in his/her official capacity, is acting as an agent of the state—that is, without religious beliefs—not in their individual role (with their individual religious beliefs). Saying that the magistrate may not act based on their own religious beliefs while acting in their official capacity does not infringe on the magistrate’s religious freedoms.
To: Conscience of a Conservative
First, the constitution also says there can be no religious test for holding any public office. So, you cannot keep a person out by virtue of their religion.
Second, there is a requirement to accommodate, and this state refused to accommodate. It was pretty easy for them to have county offices schedule in a magistrate who would perform a certain act rather than threaten a magistrate who had been a fully legal and faithful employee for decades.
15 posted on
04/22/2015 9:06:54 AM PDT by
xzins
(Donate to the Freep-a-Thon or lose your ONLY voice. https://secure.freerepublic.com/donate/)
To: Conscience of a Conservative
Saying that the magistrate may not act based on their own religious beliefs while acting in their official capacity does not infringe on the magistrates religious freedoms.
I'm not sure how your religion works, but most Christians don't just "STOP" being Christian because they go to work.
And if your job of 20+ years, all of a sudden, forces you to violate your own conscience, then THEY (the employer) should make accommodations for you, NOT the other way around. If they refuse to accommodate, then they are violating your religious rights!
Last, but NOT LEAST, The Supreme Court has determined that no religion (atheism) is a religion. By your reasoning, the US Government has created a defacto official religion that everyone MUST follow (i.e., no religion)! But, since Congress never "officially" created that religion, you are still okay with the results - right?
23 posted on
04/22/2015 10:08:16 AM PDT by
ExTxMarine
(Public sector unions: A & B agreeing on a contract to screw C!)
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson