A Concrete Example
Hamilton02 at aol.com
Hamilton02 at aol.com
Wed Jun 24 09:24:00 PDT 2009
And my point is that such an observation itself exists in the abstract.
The religious diversity in this country is not limited to non-government
actors. Government actors themselves share a wide variety of religious
viewpoints and a sincere respect for religion and liberty. They swear an
allegiance to the Constitution, state, or federal government as part of their jobs
usually! This demonization falsifies reality, but it is undertaken in
the interest of serving religious interests, which apparently justifies it.
I would also add on behalf of government lawyers making these arguments in
these cases, they constitute some of the very smartest lawyers I have yet
to deal with. They are not stupid, insensitive bureaucrats, either.
For most in the legal academy, it appears that legitimate laws exist in
the abstract but not in application.... I remember when RFRA, RLUIPA, and
the state rfras were being debated there was all this talk about how
"obviously" safety and children would be interests that governments could pursue
despite RFRA, implying that religious entities would have respect for such
interests. That has not turned out to be true.
Marci
In a message dated 6/24/2009 10:18:37 A.M. Eastern Daylight Time,
laycockd at umich.edu writes:
Well, as RFRA's sponsor said at the time, religious liberty is very popular
in the abstract, but not very popular in application. These government
agents often place zero value on the plaintiff's religious liberty, and that
is all that matters. And I think that is what Chris meant.
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