Justice Scalia does not agree!

Discussion in 'Politics' started by Synthaholic, Feb 13, 2012.

  1. Synthaholic
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    Synthaholic Platinum Member

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    Senate Minority Leader Mitch McConnell:
    "In this country the government doesn't get to tell you or your organization what your religious views are – and they could well be minority views – but the Bill of Rights is designed to protect the minority from the will of the majority," McConnell said on CBS's "Face the Nation."​
    Justice Antonin Scalia, writing the majority decision in Employment Division v. Smith:
    We have never held that an individual's religious beliefs excuse him from compliance with an otherwise valid law prohibiting conduct that the State is free to regulate. On the contrary, the record of more than a century of our free exercise jurisprudence contradicts that proposition.​
    Furthermore,
    When followers of a particular sect enter into commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity.​
    In other words, if they want to be members of American society, the Catholic bishops have to live by the rules of American society.
     
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  2. Lonestar_logic
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    Lonestar_logic Republic of Texas

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    The part you fail to recognize is "an otherwise valid law". Forcing people to deny their religious conscience and forcing people to buy a product has not yet been determined to be a valid law.
     
  3. California Girl
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    Funny how Synthia overlooks that. :lol:
     
  4. Decepticon
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    So if Obamacare is legal, and it is, then this made-up "scandal" goes away too?

    Wow...a two-fer!

    And in case you morons hadn't figured this out, the validity of the law, doesn't negate the fact that McConnell got it exactly wrong.
     
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    Last edited: Feb 13, 2012
  5. CrusaderFrank
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    CrusaderFrank Diamond Member

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    Obamacare is dictating how Catholic bishops must function as bishops.

    See the problem?
     
  6. syrenn
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    syrenn BANNED

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    Well damn... tell that one to the muslims.
     
  7. Liability
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    Liability Locked Account. Supporting Member

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    You misinterpret Scalia's words.

    When followers of a particular sect [let us say for example, members of the Roman Catholic Religion] enter into commercial activity as a matter of choice, [let us say opening a hospital] the limits they accept on their own conduct as a matter of conscience and faith [for example, the decision NOT to permit abortions to be performed in their hospitals] are not to be superimposed on the statutory schemes which are binding on others in that activity [i.e., they may not demand that other hospitals should also refuse to provide abortions].
     
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  8. Synthaholic
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    Synthaholic Platinum Member

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    Sorry to inform you of basic Constitutional law, but it's a valid law until it is overturned by SCOTUS.


    Moron says what?
     
  9. Synthaholic
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    Synthaholic Platinum Member

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    How, Frank?

    Use your words, not your funny cartoons.
     
  10. Synthaholic
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    Synthaholic Platinum Member

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    That's a twisty-turny selective reading, there . . .

    I read it as 'if you are going to act like a business, you don't get to hide behind your religion'.
     

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