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To: Jubal Harshaw

The free exercise of religion is guaranteed yet no school taking government money could get away with forbidding homosexual behavior by students attending a church run University, nor could they compel student participation in school led prayers. When a church accepts tax exempt status they are no longer allowed to petition the government if part of the appeal to the congregation is to support a particular candidate who is sympathetic.


23 posted on 06/27/2008 10:16:05 PM PDT by Libertarianize the GOP (Make all taxes truly voluntary)
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To: Libertarianize the GOP

Good points, and it’s probably becoming more and more evident that IANAL with every post I write.

I think there’s a reasonable case to be made that your statements are actually examples of how government, and agencies that receive government funds, cannot legitimately interfere with individually held rights. I think that there’s a reasonable case to be made that it’s an individual right to participate in homosexual behavior, and so government, or government-funded organizations, cannot abridge that right. I am even more certain that there’s a very strong case that there’s an individual right to participate, or not participate, in prayers, and so government and government-funded organizations cannot abridge that right.

As for a church accepting tax-exempt status, and then no longer being allowed to petition the government as you described ... I have a real problem with any restriction on being allowed to petition the government, but I’m not so sure that this issue represents an infringement of individual rights, as opposed to the powers of groups.

So, how does this apply to banning guns in public housing? Keeping and bearing arms is an individual right. Therefore, consistent with the examples cited above, I don’t think government can abridge that right just because government “pays the freight.”

Well, that’s my analysis. Make of it what you will.


26 posted on 06/27/2008 10:31:03 PM PDT by Jubal Harshaw
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