Real0ne -> RE: Supreme Court justices predict next battle: Religious Freedom (11/6/2015 8:02:42 AM)
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ORIGINAL: dcnovice quote:
ORIGINAL: Kirata To my thinking, the Free Exercise clause does not and cannot place religion above secular law because doing so is blocked by the Establishment clause. To enshrine in law the right of a Christian county clerk to refuse to faithfully discharge her duties if the petitioners are gay, or the right of a Muslim truck driver to refuse work assignments if the cargo contains alcohol, constitutes a recognition in law of these religious tenets and thereby an enforceable establishment of religion which imposes upon all who do not share those beliefs a compulsion to respect them under penalty of law. K. Well said, K. Thanks! Nice attempt at ducking the issues, K has been rebutted in detail, try this responding to this one, (with rebuttal): "the Free Exercise clause does not and cannot place religion above secular law" But it did. Twice. Your first problem: First it denied the gays religious right to marriage since its conception, Second when it denied the kliens religious right to refuse to accommodate the commission of a crime against their God. In each case the gubblemint chose one religion while denying the other. Both parties have been damaged by the government and its operatives and left without remedy. Your second problem: The right to exercise religion is enshrined in the SUPREME law of the land. The right to exercise religion is contract law which is secular law. Your third problem: You need to explain how laws created UNDER the constitution which you are incorrectly contrasting as secular law, stand above the SUPREME law they are created UNDER? Pay particular attention to the words supreme and under I assume you see the gross contradiction in your premise here? Next it would not violate the establishment clause only if: 1) the states got out of the marriage licensing business. 2) the states gave both parties equal remedy in the law. When there is unequal remedy either to the gays or to the christains or atheists whatever religion is irrelevant the state establishes a religion by denying remedy to one party at any given time. For Davis: The laws of the county are created UNDER THE SUPREME LAW not above it. First: Davis obligation to protect the laws of her God predates her oath to the state. Second: Davis's rights is enshrined in the SUPREME LAW Third: Protecting Davis's right to exercise her religion upholds her rights, nothing more. Forth: Davis her oath does not require her to rescind her religious obligations. Fifth: There is no evidence Davis rescinded her religion or her obligation to her religion or her God. the state enacted unconstitutional law, it is the states obligation to correct its error to protect the rights of the people who created the supreme law. There fore you need to show that the supreme law is SUBJECT to the administrative law created UNDER it. Again a gross contradiction in terms. Lastly honoring everyones religion does not establish a religion. That is absurd on its face. It does the exact opposite and fulfills the requirements of the exercise clause. You need to explain how honoring everyones religion of every faith or belief system without denying either party remedy 'ESTABLISHES' a religion?
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