‘Religious liberty’ bill could be used to overturn anti-discrimination ordinances

[KamaAina]

http://politics.blog.ajc.com/2016/03/22/legal-analysis-religious-liberty-bill-could-be-used-to-overturn-anti-discrimination-ordinances/

Last month, we passed along an analysis of an earlier version of HB 757, the “religious liberty” bill, by Joe Whitley, a former federal prosecutor and ranking executive of the U.S. Justice Department under two GOP administrations....

“(One section of HB 757) provides that, within the State, any “(g)overnment shall not substantially burden a person’s exercise of religion even if the burden results from a law, rule, (or) ordinance…of general applicability” unless the government can show that the burden is in “furtherance of a compelling governmental interest” and is the “least restrictive means” of furthering that interest.

This provision is similar to one set forth in federal law that direct courts to apply “strict scrutiny” review to free exercise claims. In doing so, federal courts have generally determined substantial burdens in the same way they have the sincerity of religious belief, that is, once a claimant pleads that a law or regulation is a substantial burden, then it is, and the courts do not have the ability to second guess that claim. Federal courts also apply these provisions to both individuals and closely held for-profit corporations…..

Here it is of significant concern that this provision could be used to overturn municipal anti-discrimination ordinances.

[Angry Dragon]

1. Why is it that a lot of people think religion should trump everything??

[KamaAina]

2. "trump" everything?

[Angry Dragon]

3. yes

[Angry Dragon]

7. I want to start a business but I need different rules because I have a god

[Johonny]

6. Only their version of religion.

These are, of course, the same people that absolutely fear differing religious beliefs with a passion.

[CrispyQ]

4. I don't want to live in a community where bigots are allowed to show their ugliness in public.

An acquaintance, who is pretty religious, but not hateful, told me she supported the bakery that didn't want to make a cake for a gay wedding. I asked her, "Is that the kind of community you want to live in? Where you walk down Main St. & there are signs in the windows of the various shops, No Blacks, No Gays, No Jews, No Women?" Then she said she hadn't thought of it that way & no she didn't want to live in a community like that & thanked me.

When I was a kid in a small religious town, the common saying was, love the sinner, hate the sin. It seems that shunning people based on their behavior is exactly the opposite of that. Some of the super pious are the most hypocritical & for all their talk of Jesus, they are far from his teachings.

[katsy]

5. So... Xtian fundies want to install

their own version of sharia law over the land.

Theres no room for theocrats. We need an intelligent SC justice appointed. This can't be allowed.

[JustABozoOnThisBus]

8. Prez Ted Cruz might nominate Santorum

An extreme right-wing Catholic / Opus Dei tool to replace Scalia.

The most dangerous of candidates.

[katsy]

10. You are so so right

this election is about the SC. Make no mistake about that.

We will all survive presidents... But the next generation will pay the price of a rw justice

[OriginalGeek]

9. "Could be used"?

I'd wager that's the whole point of them.

[etherealtruth]

11. +1,000