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Started by Recusant, April 14, 2019, 02:50:51 AM
Quote from: Old Seer on May 26, 2020, 11:12:18 PMQuote from: Recusant on May 26, 2020, 08:39:26 PMQuote from: Old Seer on May 26, 2020, 07:22:13 PMThe constitution of the US wouldn't allow a dominionist based government. Actually the Constitution doesn't allow a capitalist state either. Capitalism is a personal choice so it cannot be favored over any other personal choice of sustenance endeavors. (material gathering/needs)With a compliant US Supreme Court in place the government could go a considerable way down that road. Trump and McConnell are working steadily to pack the federal courts with right wing Christian judges who are ready and willing to write decisions favoring the Christian religion. They will create precedents for the Supreme Court to point to, especially if the Republicans put another Kavanaugh or two on the bench.I agree, that if that's what they're up to then they are stepping outside the Constitution. The Court on a constitutional basis would have to decline making any decision, or even taking on the case for a ruling.
Quote from: Recusant on May 26, 2020, 08:39:26 PMQuote from: Old Seer on May 26, 2020, 07:22:13 PMThe constitution of the US wouldn't allow a dominionist based government. Actually the Constitution doesn't allow a capitalist state either. Capitalism is a personal choice so it cannot be favored over any other personal choice of sustenance endeavors. (material gathering/needs)With a compliant US Supreme Court in place the government could go a considerable way down that road. Trump and McConnell are working steadily to pack the federal courts with right wing Christian judges who are ready and willing to write decisions favoring the Christian religion. They will create precedents for the Supreme Court to point to, especially if the Republicans put another Kavanaugh or two on the bench.
Quote from: Old Seer on May 26, 2020, 07:22:13 PMThe constitution of the US wouldn't allow a dominionist based government. Actually the Constitution doesn't allow a capitalist state either. Capitalism is a personal choice so it cannot be favored over any other personal choice of sustenance endeavors. (material gathering/needs)
Quote from: Old Seer on May 27, 2020, 07:49:01 PMI don't think I have misplaced faith in the constitution. I fully realize there are those that would prefer it to be taken away. I understand that getting around the constitution is not an easy thing to do, but do not have blind faith. I may have some faith in the constitution but little faith to none in those that interpret it.
Quote from: Randy on May 28, 2020, 12:08:13 AMThat is what scares me. Can you imagine the chaos that would erupt if we went into a theocracy? With all the other religions and our kind there would be turmoil with violent protests and so-forth. It would be a dangerous country to live in.
QuoteFriday at midnight, the Supreme Court rejected a church's challenge to California's COVID-19 restrictions by a 5–4 vote, with Chief Justice John Roberts joining the liberals. In a pointed opinion, Roberts indicated that he will not join conservative judges' escalating efforts to override public health measures in the name of religious freedom. Justice Brett Kavanaugh's dissent, by contrast, falsely accused the state of religious discrimination in an extremely misleading opinion that omits the most important facts of the case. Roberts went out of his way to scold Kavanaugh's dishonest vilification of the state.[. . .]"The precise question of when restrictions on particular social activities should be lifted during the pandemic," Roberts declared, "is a dynamic and fact-intensive matter subject to reasonable disagreement." The Constitution leaves such decisions "to the politically accountable officials of the state," whose decisions "should not be subject to second-guessing" by judges who lack "background, competence, and expertise to assess public health." Multiple coronavirus outbreaks in California have been traced back to religious services. California has good reason to treat churches more like concerts—where people "congregate in large groups" and "remain in close proximity for extended periods"—than grocery stores, where they can social distance. For courts, that should be the end of the matter.Kavanaugh, in dissent, viewed the case through a different lens. Whereas Roberts began by noting that COVID-19 has "killed thousands of people in California and more than 100,000 nationwide," Kavanaugh crafted a narrative of invidious religious discrimination. His dissent reads like a brief by the church, not a judicial opinion. Kavanaugh alleged that Newsom's order "indisputably discriminates against religion" in violation of the free exercise clause. For support, the justice insisted that "comparable secular businesses," like grocery stores and pharmacies, "are not subject" to the same restrictions imposed on churches. California must have a "compelling justification" for this disparate treatment, and he saw none.But Kavanaugh's assertion that California treats churches and "comparable secular businesses" differently begs the question: what is a comparable secular business? When it comes to the spread of infectious disease, is a church really just like a grocery store, where people spend as little time as possible, separated by aisles and shopping carts, rarely speaking to one another? Or is it more like a concert, where people congregate for lengthy periods, shoulder to shoulder, often speaking or singing and thereby spreading droplets that may contain the coronavirus?What is genuinely shocking about Kavanaugh's dissent is that he does not even address this question. The dispute lies at the heart of the case, and Kavanaugh ignores it. He simply takes it as a given that churches are "comparable" to grocery stores when it comes to risk of spreading COVID-19. By warping the facts, Kavanaugh paints California's rules as irrationally discriminatory, when in fact they are based on medical advice Newsom has right now. If the justice wants to override public health measures during a pandemic, shouldn't he at least admit that he's substituting his own scientific judgment for that of a democratically elected lawmaker's?[Continues . . .]
QuoteThe Supreme Court stripped civil rights protections from hundreds of thousands of American workers on Wednesday in a sweeping decision that exempts countless religious employers from nondiscrimination statutes. Justice Samuel Alito's 7–2 majority opinion carved a huge loophole in the employment laws in all 50 states and the federal government, allowing religious employers to discriminate against any worker they deem "ministerial."Wednesday's ruling in Our Lady of Guadalupe School v. Morrissey-Berru involves a doctrine called the ministerial exception. This principle, which courts derived from the First Amendment, bars the government from telling a religious institution whom to choose as its faith leaders. Respecting that principle sometimes requires the courts to butt out of employment disputes, even when a worker claims unlawful discrimination.The basic premise makes sense; no one seriously argues that the government should be able to tell a church it can't fire its priest. But religious institutions employ a lot of people, and not all of them play a key role in the overarching spiritual mission. Consider, for instance, the two plaintiffs here. Kristen Biel was a fifth grade teacher at a Catholic school that classified her as a lay employee. It did not require these employees to have religious training, and she had none. Biel primarily taught secular subjects; her chief religious duty was joining the class in twice-daily prayer. Agnes Morrissey-Berru was also a fifth grade teacher at a different Catholic school. Like Biel, she was considered a lay employee, taught secular subjects, and had no religious training. She also led her students in a brief prayer once a day.After Biel was diagnosed with breast cancer, the school terminated her contract. She sued for disability discrimination. Morrissey-Berru's school terminated her contract, as well—because, she asserted in an age discrimination lawsuit, it considered her too old. Neither school provided a religious reason for its decision. Yet when each woman sued, both schools raised the ministerial exception, suddenly announcing that, in fact, Biel and Morrissey-Berru amounted to "ministers" and thus had no right to sue for discrimination.[Continues . . .]
QuoteThe U.S. Supreme Court on Wednesday endorsed a plan by President Donald Trump's administration to give employers broad religious and moral exemptions from a federal mandate that health insurance they provide to their workers includes coverage for women's birth control.The court ruled 7-2 against the states of Pennsylvania and New Jersey, which challenged the legality of Trump's 2018 rule weakening the so-called contraceptive mandate of the 2010 Affordable Care Act, commonly called Obamacare. Christian conservatives, a key constituency for Trump as he seeks re-election on Nov. 3, had strongly opposed the Obamacare mandate.The federal government has estimated that up to 126,000 women could lose contraception coverage through their employer-provided health insurance under Trump's regulation.The Obamacare mandate requires employer-provided health insurance to give coverage for birth control with no co-pays. Previously, many employer-provided insurance policies did not offer this coverage. Republicans have sought to repeal Obamacare, signed by Trump's Democratic predecessor Barack Obama in 2010, and Trump's administration has chipped away at it through various actions.White House Press Secretary Kayleigh McEnany called the ruling "a big win for religious freedom and freedom of conscience."[Continues . . .]