Phydeaux -> RE: The next shoe to drop.... (11/27/2013 5:04:25 PM)
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ORIGINAL: DomKen quote:
ORIGINAL: Phydeaux Regarding corporations getting to have religion... Its quite disingenious to suggest thats what the case is about. The court has already ruled that a religious institute can fire someone that doesn't reflect the lifestyle or values of the institution. For example, there is no requirement for the catholic church to tolerate a teacher that preaches there is no god. So the questions here are - To what extent do these liberties apply to companies that are not religious in nature. Do catholic teaching institutes get to not have contraception - obama has ruled they must. What about companies such as hobby land - where the owners tithe, are closed on sundays. Frankly, its going to depend on what level of interest the supremes are going to have as the burden of proof. If it were an individual - the government would have to show a compelling interest to abridge religious liberty. It isn't - but then the question becomes - well what if an individual had filed suit? Will the court be activist and use this as a vehicle to rule as if an individual had filed? If not, there is still the question - what about due process rights? The court has, over 100 years ruled that corporations do in fact have "rights', as the courts acknowledge that businesses are merely collections of individuals for the purpose of doing business. Do individuals surrender their rights merely because they choose to engage in business? This is just scratching the surface of the issues presented in these cases. So you to present this as hard and fast "corporations don't have rights" in the first place is wrong -and secondly simplistic. bullshit. Every shareholder of a corporation is equal before the law. So there is no way to say that Hobby Lobby can deny something based on religion without also saying that applies to every shareholder of every corporation which will inevitably result in unresolvable conflict. The shareholders of Hobby Lobby, and every other corp, can divest if they find that owning stock in a corporation that obeys the law burdens their conscience. Simply factually not true. Its the whole reason, for example, that there are different classes of stock. The rights of each shareholder differ according to the bylaws of the corporation, class of stock etc. For example - in many companies 10% ownership entitles you to a seat on board of directors. 9% does not....
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