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11-05-2010, 11:23 AM
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Cross-examine it!
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Join Date: Mar 2008
Location: Orcutt, CA.
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Re: OKlahoma voters reject foreign laws
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Originally Posted by Twisp
Because it specifies Sharia Law, which is a law based on the religion of Islam.
Singling out singles out a particular religion violates the establishment clause of the First Amendment.
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It does not single out a single religion. And there is no way it violates the establishment clause which is about governments promoting religion. It is the Free Exercise clause that forbids the government from singling out religions.
An example of this is when they passed a law forbidding the slaughter of chickens for sacrificial purposes. That is unconstitutional, it was expressly to keep Santeria from practicing.
In the late 1800 the Supreme court took on Reynolds and forbid the Mormons from having more than one wife. This was not unconstitutional. Only one religion was practicing polygamy but they still said nope.
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11-05-2010, 11:25 AM
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Re: OKlahoma voters reject foreign laws
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Originally Posted by Baron1710
It does not single out a single religion. And there is no way it violates the establishment clause which is about governments promoting religion. It is the Free Exercise clause that forbids the government from singling out religions.
An example of this is when they passed a law forbidding the slaughter of chickens for sacrificial purposes. That is unconstitutional, it was expressly to keep Santeria from practicing.
In the late 1800 the Supreme court took on Reynolds and forbid the Mormons from having more than one wife. This was not unconstitutional. Only one religion was practicing polygamy but they still said nope.
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So you are saying it does not specify one religious law and not others?
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11-05-2010, 11:27 AM
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Cross-examine it!
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Join Date: Mar 2008
Location: Orcutt, CA.
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Re: OKlahoma voters reject foreign laws
Quote:
Originally Posted by Twisp
So you are saying it does not specify one religious law and not others?
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You do understand that some countries use sharia law as part of their legal system right? Specifying that Sharia law cannot be used is the same as saying French statutes cannot be used.
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"Beware lest you lose the substance by grasping at the shadow." ~Aesop
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11-05-2010, 11:28 AM
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Re: OKlahoma voters reject foreign laws
Quote:
Originally Posted by Baron1710
It does not single out a single religion. And there is no way it violates the establishment clause which is about governments promoting religion. It is the Free Exercise clause that forbids the government from singling out religions.
An example of this is when they passed a law forbidding the slaughter of chickens for sacrificial purposes. That is unconstitutional, it was expressly to keep Santeria from practicing.
In the late 1800 the Supreme court took on Reynolds and forbid the Mormons from having more than one wife. This was not unconstitutional. Only one religion was practicing polygamy but they still said nope.
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And yes, the establishment clause is in effect here, since it does not allow the government to establish a national religion or prefer one over the other.
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11-05-2010, 11:31 AM
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Cross-examine it!
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Join Date: Mar 2008
Location: Orcutt, CA.
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Re: OKlahoma voters reject foreign laws
Quote:
Originally Posted by Twisp
And yes, the establishment clause is in effect here, since it does not allow the government to establish a national religion or prefer one over the other.
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NO NO NO. You don't get it. Establishment. say it slow. it has nothing to do with what you are saying. It is not establishing or preferring. At best it is prohibiting which is the Free Exercise clause not the Establishment clause.
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"Beware lest you lose the substance by grasping at the shadow." ~Aesop
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11-05-2010, 11:42 AM
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Re: OKlahoma voters reject foreign laws
Quote:
Originally Posted by Baron1710
NO NO NO. You don't get it. Establishment. say it slow. it has nothing to do with what you are saying. It is not establishing or preferring. At best it is prohibiting which is the Free Exercise clause not the Establishment clause.
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yes yes yes yes.
"The First Amendment's Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another. It also prohibits the government from unduly preferring religion over non-religion, or non-religion over religion."
http://topics.law.cornell.edu/wex/establishment_clause
This law specifically targets one religion and a religious community.
Last edited by Twisp; 11-05-2010 at 11:47 AM.
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11-05-2010, 11:48 AM
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Re: OKlahoma voters reject foreign laws
Quote:
Originally Posted by Twisp
yes yes yes yes.
"The First Amendment's Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another. It also prohibits the government from unduly preferring religion over non-religion, or non-religion over religion."
http://topics.law.cornell.edu/wex/establishment_clause
This law specifically targets one religion a religious community.
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Not a religious argument.
Neither Amish horse and buggies nor Camel riders allowed on interstates, nor Indians on Elephants if they can't stay above minimum posted speeds.
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11-05-2010, 11:57 AM
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Administrator
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Join Date: Feb 2007
Posts: 13,829
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Re: OKlahoma voters reject foreign laws
Quote:
Originally Posted by Twisp
yes yes yes yes.
"The First Amendment's Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another. It also prohibits the government from unduly preferring religion over non-religion, or non-religion over religion."
http://topics.law.cornell.edu/wex/establishment_clause
This law specifically targets one religion and a religious community.
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Explain how this measure:
1. establishes an official religion
2. favors one religion over another
3. favors religion over non-religion
4. favors non-religion over religion
__________________
"God, send me anywhere, only go with me. Lay any burden on me, only sustain me. And sever any tie in my heart except the tie that binds my heart to Yours."
--David Livingstone
"To see no being, not God’s or any, but you also go thither,
To see no possession but you may possess it—enjoying all without labor or purchase—
abstracting the feast, yet not abstracting one particle of it;…."
--Walt Whitman, Leaves of Grass, Song of the Open Road
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11-05-2010, 12:06 PM
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Re: OKlahoma voters reject foreign laws
Quote:
Originally Posted by MissBrattified
Explain how this measure:
1. establishes an official religion
2. favors one religion over another
3. favors religion over non-religion
4. favors non-religion over religion
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Twisp can't and won't
It is business as usual in OK mosques.
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