Yoder, Religion and The Strain-ed Gnat
JMHACLJ at aol.com
JMHACLJ at aol.com
Thu Mar 6 12:48:15 PST 2008
"But if the clients aren't so articulate and the lawyer doesn't take the
time, things like this get reduced to conclusions.? Same thing happens all the
time on the issue of burden on religion -- burden is so obvious to the
religious claimants they just assert it, and don't prove it up to the satisfaction of
a more secular and skeptical court."
A client of mine was moved by his beliefs to stand along the Inaugural
Parade route in Washington DC, during the second inaugural of Bill Clinton. The
president had then recently vetoed a restriction on near-birth infanticide
(partial birth abortion). His plan in standing along the parade route was to
rebuke the President for his sin of injustice. The effort on the part of
Reverend Mahoney was part of a larger "Project John the Baptist." Within that
project, as the occasions and opportunities arise, he goes to public places and
uses the right to demonstrate as a means of speaking truth to power.
At the hearing on the emergency preliminary injunction motion, the late
Harold Green, a federal judge that had become an American citizen after coming to
the US, questioned the reverend's claim that his religion compelled him to
hold signs critical of the President on the parade route sidewalk during the
inaugural. He literally insisted that the religious imperative or compulsion
be phrased in such specific terms, that the reverend could not simply depend
on a religious belief that he should "call all men everywhere to repent" or
"speak truth to power." Instead, God, in the judge's view, would have to send
along a link to Google maps, and a detailed timetable, if His hands and feet
here on earth would seek to enjoy the religious freedoms guaranteed by the
law and Constitution.
How does that kind of petty insistence on finely detailed assertions about
religious belief aid the pursuit of justice or truth?
Jim "Yes God told me to stand on this sidewalk, holding this sign, on this
date, at this hour, and for this purpose" Henderson
Senior Counsel
The American Center for Law and Justice
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