WorldWatcher
Gold Member
The self declared constitutional law asshole has spoken.
As usual, he is wrong. I would suggest he read West Virgina v Barnette.
Since Public Accommodation law didn't come into being until usually the 60's, it's not surprising that hadn't surfaced.
Since 1943 (WV v Barnette) these laws have been passed and the court seems to have decided something different.
From Justice Antoney Scalia in Employment Division, Department of Human Resources of Oregon v. Smith (1990):
"Conscientious scruples have not, in the course of the long struggle for religious toleration, relieved the individual from obedience to a general law not aimed at the promotion or restriction of religious beliefs.
<<SNIP>>
Subsequent decisions have consistently held that the right of free exercise does not relieve an individual of the obligation to comply with a "valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes)."
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Are public accommodation laws valid and neutral if they force a church to host a same sex wedding?
No.
I guess that makes me right, again.
Show us a Public Accommodation law that applies to Churches when functioning as a religious organization for it's members.
BTW - If a religious organization rents space out to the public at large beyond their congregation, they are not functioning as a "church" they are acting as a business. So let's see an example in this country where a Church has been forced under Pubic Accommodation laws to host a Same-sex Wedding?
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