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To: SJackson
The current Supreme Court standard for determining religious discrimination cases under the First Amendment’s “Free Exercise” clause is Employment Division v. Smith, in which Justice Antonin Scalia wrote that a law that does not target religion does not violate the First Amendment. In other words, if the statute is not targeting a religious practice, it’s constitutional even if it has the effect of banning that practice.

So, let me see. If you are a member of a religion that practices human sacrifice, do you really think that Judge Alito would declare all murder laws unconstitutional in order to show "sensitivity" to your religion?

12 posted on 01/08/2006 2:00:32 PM PST by Tolerance Sucks Rocks (Jack Murtha: America's best-known former marine...)
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To: Tolerance Sucks Rocks
So, let me see. If you are a member of a religion that practices human sacrifice, do you really think that Judge Alito would declare all murder laws unconstitutional in order to show "sensitivity" to your religion?

Alito is right on this, as the author notes. Rather than human sacrifice, I'd use polygamy or "religious" drug use or sexual activity as examples.

22 posted on 01/08/2006 2:33:38 PM PST by SJackson (Beer is living proof that God loves us and wants to see us happy. B. Franklin)
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