You have to change the Constitution then.Dear TheProgressivePatriot When it comes to religious beliefs, neither side will budge. I recognize this and I am NOT in denial.There is a Constitutional Amendment that secures the right to guns. There is no Constitutional right to marry.
Even so, a sales person with an objection to guns would be permitted not to ring up a gun sale.
There is no Constitutional right to marry. ?? Yes there is. The Supreme court has rules on numerous occasions that marriage is a right, and now, since Obergefell v. Hodges, same sex marriage is a right. It is a binding precedent -part of constitutional law as valid as any enumerated right.
Dear TheProgressivePatriot
Many people would disagree and say it takes legislative action, not judicial, to create laws and rights.
If you are going to amend the Constitution, where is the Constitutional Amendment and ratification?
Same with radically altering the federal govt authority to mandate insurance, which many argue
would require a Constitutional Amendment granting federal govt such new reaches of authority.
The judiciary ruled that the ACA was Constitutional as a tax, but Congress did not vote on this as a tax.
And if you look at the Congressional vote, that was split by party, this shows that the bill was biased
by political beliefs; and by the First Amendment, govt is not supposed to establish beliefs, nor regulate on the basis of religion or penalize people whose creed prevents them from complying with the mandates against their beliefs.
These laws do not pass Constitutional standards universally for all the citizens of America who deserve equal representation.
I believe the challenges to these laws will eventually prevail, similar to how Bush's mandates that were overreaching and exceeded Constitutional limits on govt were also challenged and compelled him to retract his arguments for going to war that were never proven but remain faith based.
The arguments about right to marriage and right to health care are also faith based.
So if people are going to pass faith-based mandates through govt, this has to be by consensus
of the people affected or else you are violating the First and Fourteenth Amendment.
If you do not even consider the beliefs of other people to have standing, that's why oppression happens.
By dehumanizing and subjugating other people as not counting,
depriving them of equal rights and liberties by declaring them void.
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personal note: So interesting, TheProgressivePatriot
if people were worried that you were going to be some neo-neocon,
well, if I am more hardcore Constitutionalist than you are as a fellow progressive,
then maybe I am the "socialist nationalistic-nazi" people are really afraid of,
and you are a "liberal light" compared with me. Maybe next to me,
you won't look so scary after all, but will come across as relatively harmless!
If so, perhaps we can play good cop, bad cop. People like liberals they can entrap and corner into contradictions.
They can't always deal with me saying I'm a progressive Democrat because I'll actually agree on Constitutional
principles, hold them to the same, and turn the tables and corner them into contradictions.
Liberals aren't supposed to be able to defend and win Constitutional arguments.
If you do what liberals normally do, and just depend on Govt instead of Constitutional laws to defend equal rights, then you should fit with the stereotypes of liberals where people can easily pick apart your arguments.
If rights depend on govt to establish and defend, then people will never be equal that way; because that means people in govt positions or with party influence have more power than people who aren't represented by either.
Whereas for the opposite, where govt follows and reflects where people agree to contract with each other,
then all people can be educated and empowered to enforce and exercise authority of law themselves first,
and then they can be represented equally in govt whether directly or indirectly.
I don't know where I stand on the scale from left to right compared with you.
But on a scale of "scary to think about," I probably come across as a more frightening threat.
Dear Emily,
When you first showed up here, I saw you as a person who might have some fresh new ideas that could bring a divided country together. However, it has become apparent to me that you are living in a fantasy world where everyone, regardless of their views or actions is right and should and can be accommodated. In order to achieve that goal in your mind, you stretch the bounds of reality and employ bizarre theories about how our legal system works. Case in point. You said:
Many people would disagree and say it takes legislative action, not judicial, to create laws and rights. If you are going to amend the Constitution, where is the Constitutional Amendment and ratification?
This shows an abysmal understanding of constitutional law on your part. It matters little what” many people” would say. Many people would say that the earth is only 6,000 years old and that the sun revolves around it. The fact is that the court interprets laws passed by congress and the legislatures and thus shapes their meaning and application. That is called case law, and yes, sometimes court made law. That is the reality of how things work.
The court also determines the constitutionality of laws. Regarding marriage equality, the court did not amend the constitution. The constitution does not specifically address marriage and no amendment is necessary to extend the right to marry to same sex couples. They simply and appropriately invalidated state laws that banned same sex marriage. Yes it is that simple, yet to persist in trying to make it more complicated than it is.
As for religious freedom. To those who believe that the very act of same sex couples getting married is a violation of their religious freedom because they must breath the same air and walk the same earth with them, I say tough shit. Get over it. That is your psychosis and your problem. This is a secular society and a secular government. Yes Emily, there is such a thing as right and wrong and everyone cannot and should not be accommodated and respected.
I had previously asked you how it would be possible to do so, what it would look like in reality and all I’ve gotten back is more gibberish about “faith based mandates “ and “dehumanizing and subjugating other people as not counting", and "depriving them of equal rights and liberties by declaring them void” Emily, these people who you speak of are the ones seeking to dehumanize and subjugating other people as not counting, and do not deserve the time of day, leave alone the right to be heard and accommodated. They are bullies and theocrats who do not respect the rights of those who do not believe as they do. There cannot be and need not be a consensus. You consider yourself a Constitutionalist, but in order to actually be a Constitutionalist, you need to get a much better understanding of the Constitution.
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I am talking about Political Reality.
You in fact prove the very point I am making
about political beliefs and how neither you nor opponents can see it any other way. This is EXACTLY what I mean by requiring separation of beliefs by party.
The DIfFERENCE mt friend is
Yes JakeStarkey the one thing you TheProgressivePatriot and Seawytch have convinced me of
is that it is not possible for some people to make the leap that religious freedom and not discriminating by creed automatically includes political beliefs. So a separate clarification is required for people who need a literal law stating that about political beliefs. Since this itself involves beliefs, the statements and agreements may need to be established per party. It would take a national agreement to make a Constitutional amendment out of political beliefs and "consent of the governed" or else it contradicts its own premise. By its very nature, how can a law respecting "consent of the governed" be passed with anything less than consent if that is what the law is referring to? It would be self-contradictory. So perhaps by presenting the reason we need such an agreement, consent of the governed would be established by resolving conflicts "in the process." And by then, maybe we will already reach such an agreement, and the law would no longer be necessary if we all agree how to interpret the laws. But you are saying it still has to be in writing. So that's fine, if that's what people need before they will respect consent of the governed is to make sure BOTH sides abide by that, and EVERYONE is in agreement to stop the "political partisan bullying" on BOTH sides, then the fighting can stop.
Thanks you have convinced me that the beliefs run so deep neither side can see
where or how they are getting what out of the Constitution or where they aren't getting
something that "is established law." if the differences are THAT deep, then by all means,
yes we need to acknowledge the political differences are causing people to call different
things legal or illegal and that absolutely must be corrected, or we will have people breaking
the laws on both sides thinking they are enforcing it. This is legally necessary, then, to
write out how we might agree to handle "political beliefs" so this pattern of abuse does not continue.
It is not even people's fault if their beliefs are such, that they cannot see it any other way.
That's how deep these beliefs go, it affects our perception of reality. Very serious. Thank you
and I agree we need to get something in writing if it is this serious that people cannot
change their beliefs or perceptions by free will, but need a law or agreement through govt
before they can accept and work with another approach to resolving political conflicts and beliefs.
Wow, I guess it is legally necessary. Very deep!