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Re: Religious exception to laws
Posted: Fri Apr 26, 2013 12:20 am
by _Res Ipsa
I have no good answer. I'm not sure there are principled distinctions to be made.
Re: Religious exception to laws
Posted: Fri Apr 26, 2013 12:24 am
by _sock puppet
Brad Hudson wrote:I have no good answer. I'm not sure there are principled distinctions to be made.
The First Amendment would read more accurately as "Congress may only make laws prohibiting aspects of the exercise of religion that the Supreme Courts think would be repugnant if permitted; ... ."
Re: Religious exception to laws
Posted: Fri Apr 26, 2013 12:42 am
by _Res Ipsa
sock puppet wrote:Brad Hudson wrote:I have no good answer. I'm not sure there are principled distinctions to be made.
The First Amendment would read more accurately as "Congress may only make laws prohibiting aspects of the exercise of religion that the Supreme Courts think would be repugnant if permitted; ... ."
It's a little different than that, isn't it? Something like: Congress can make laws that infringe on religious practice as long as they are generally applicable laws that aren't targeted at the religious practice. I mean, churches are subject to zoning laws, health regulations, etc. It doesn't have to be a repugnant practice, does it?
The harder part to figure out for me is deciding when to grant accommodations when the power to regulate exists.
Re: Religious exception to laws
Posted: Fri Apr 26, 2013 1:06 am
by _lulu
Brad Hudson wrote:I have no good answer. I'm not sure there are principled distinctions to be made.
I don't have a good answer either.
I just hope that doesn't mean that Droopy gets to decide 
Re: Religious exception to laws
Posted: Fri Apr 26, 2013 1:11 am
by _Res Ipsa
lulu wrote:Brad Hudson wrote:I have no good answer. I'm not sure there are principled distinctions to be made.
I don't have a good answer either.
I just hope that doesn't mean that Droopy gets to decide
Actually, I don't think anyone who thinks they have a good answer should be allowed to decide.
Re: Religious exception to laws
Posted: Fri Apr 26, 2013 1:32 am
by _harmony
I thought the 1st amendment was more about the government not being able to establish a state religion, and less about the individual religious practitioner?
Re: Religious exception to laws
Posted: Fri Apr 26, 2013 1:40 am
by _Res Ipsa
harmony wrote:I thought the 1st amendment was more about the government not being able to establish a state religion, and less about the individual religious practitioner?
There are two parts: the establishment clause and the free exercise clause. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...."
Re: Religious exception to laws
Posted: Fri Apr 26, 2013 2:08 am
by _harmony
Brad Hudson wrote:harmony wrote:I thought the 1st amendment was more about the government not being able to establish a state religion, and less about the individual religious practitioner?
There are two parts: the establishment clause and the free exercise clause. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...."
So we're good with the first half and not so good with the second? That's pretty typical for the government.
Re: Religious exception to laws
Posted: Fri Apr 26, 2013 2:10 am
by _lulu
lulu wrote:I don't have a good answer either.
I just hope that doesn't mean that Droopy gets to decide
Brad Hudson wrote:Actually, I don't think anyone who thinks they have a good answer should be allowed to decide.
ROFL
Re: Religious exception to laws
Posted: Fri Apr 26, 2013 4:42 am
by _Res Ipsa
harmony wrote:So we're good with the first half and not so good with the second? That's pretty typical for the government.
Not sure what you mean. I think we do pretty well on both issues.