C_Clayton_Jones
Diamond Member
Why are they doomed? Why?
Because there is no need for “religious freedom” laws, Americans enjoy the greatest freedom to express their religion in the United States than anywhere else in the world, and no where else in the world is that freedom better protected.
The Free Exercise Clause of the First Amendment and its jurisprudence is the ultimate “religious freedom” law, anything else is superfluous and unnecessary. If a theist believes his religious liberty has been violated by the state, he is at liberty to file suit in Federal court to seek relief.
As with all other rights, the First Amendment right is not absolute, it is not the right to seek to codify religious dogma into secular law, and it is subject to reasonable restrictions by the state, in accordance with the Framers’ mandate that church and state remain separate. It is incumbent upon theists to understand First Amendment case law and to not incorrectly infer that restrictions placed on religious expression in accordance with the Establishment Clause ‘violates’ that religious expression.
When the state addresses religion it must do so pursuant to a secular legislative purpose; the state’s actions must not have the primary effect of either advancing or inhibiting religion; and the state’s actions must not manifest in "excessive government entanglement" with religion (Lemon v. Kurtzman (1971)).
Consequently the religious right’s claim that that laws requiring business owners to accommodate all patrons ‘violates’ their religious freedom is unfounded and incorrect – as the primary focus of public accommodations laws is not to have the effect of inhibiting religion or religious expression, where such laws are in fact Constitutional.
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