And now Mississippi has passed Religious Freedom Protection Bill (user search)
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  And now Mississippi has passed Religious Freedom Protection Bill (search mode)
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Author Topic: And now Mississippi has passed Religious Freedom Protection Bill  (Read 8159 times)
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shua
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« on: April 04, 2014, 01:19:58 PM »

This is a state version of the federal law passed in the 1990s that stopped the feds from prosecuting peyote use in the Native American Church.   Of course it couldn't be passed today because gay rights.
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shua
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Posts: 25,732
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Political Matrix
E: 1.29, S: -0.70

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« Reply #1 on: April 04, 2014, 03:56:11 PM »

This is a state version of the federal law passed in the 1990s that stopped the feds from prosecuting peyote use in the Native American Church.   Of course it couldn't be passed today because gay rights.

Actually, one of the Democrats in the legislature specifically asked one of the sponsors from the floor if this would allow Native Americans to use peyote, and the answer is no.

A court would disagree, unless the state could prove compelling interest and least restrictive means. The bill itself references Employment Division v. Smith.
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shua
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Posts: 25,732
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Political Matrix
E: 1.29, S: -0.70

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« Reply #2 on: April 04, 2014, 11:07:16 PM »

This is a state version of the federal law passed in the 1990s that stopped the feds from prosecuting peyote use in the Native American Church.   Of course it couldn't be passed today because gay rights.

I swear the left's memory is getting shorter and shorter.
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...
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I guess you just ignored the fact that THIS EXACT EXAMPLE is specifically excluded from protections in this bill, per its authors? I guess all you cared about was getting in your little quip, facts be damned...

For it to be specifically excluded from protections of the bill it would need to be specifically excluded in the bill itself.  Some of the people who voted for this bill probably aren't interested in government accommodating the religious freedom of Muslims, but legally that's what this means, and religious minorities are disproportionately likely to need these protections when it comes to state law.  Instead of decrying this bill, anyone who believes in pluralism and tolerance should be pushing for something like this to be put in the state constitutions.
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🐒Gods of Prosperity🔱🐲💸
shua
Atlas Star
*****
Posts: 25,732
Nepal


Political Matrix
E: 1.29, S: -0.70

WWW
« Reply #3 on: April 06, 2014, 10:45:29 AM »

So basically, 5(b) provides cover for the State of Mississippi to only enforce 5(a) when it concerns groups of people and things they happen to like.

If a Muslim opened a halal butcher shop in MS, the local lawmakers would probably swoop in and try to make him offer pork products since not doing so would be "un-American/un-Mississippian."

No, it means that we have courts that decide if the legislators or a government agency is meeting the compelling interest test, just like in the Federal RFRA that uses this exact same language.
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