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To: Nebullis
Thank you so much for your post!

No, it wouldn't be if the particular issue was relevant.

Indeed, the professor can plead in his defense that he had compelling justification to discriminate based on religion. But the court would have to agree.

Essentially, to rule in Dini's favor the court would have to conclude that no young earth creationist could be qualified (licensed) to practice medicine - not just in Texas, but all over the U.S. because this is a federal matter.

And as mentioned in the previous post, the court would be arriving at that conclusion without evidence that patients have suffered as a consequence of the physician's religious beliefs. That would require a rather extensive study over a long period of time.

I don't think such a ruling is at all likely and even if the court so ruled, it would probably be summarily overturned by the conservative 5th Circuit Court of Appeals or the Supreme Court. The higher courts jealously guard constitutional rights!

441 posted on 02/03/2003 11:26:53 PM PST by Alamo-Girl
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To: Alamo-Girl
Essentially, to rule in Dini's favor the court would have to conclude that no young earth creationist could be qualified (licensed) to practice medicine - not just in Texas, but all over the U.S. because this is a federal matter.

No. The effect of the test for Dini is whether or not to write a letter. The court would have to conclude that the relevancy of evolution to biology is a reasonable test for writing a letter.

475 posted on 02/04/2003 5:17:37 AM PST by Nebullis
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