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Why Are Liquor Stores Open But Churches Closed?

B

Billy Ocean

Duke status
Jan 7, 2017
19,330
2,636
113
obslop said:
here's what 9th said re: church gatherings and CA prohibition on same:

We conclude that appellants have not demonstrated a sufficient likelihood of success on appeal. Where state action does not “infringe upon or restrict practices because of their religious motivation” and does not “in a selective manner impose burdens only on conduct motivated by religious belief,” it does not violate the First Amendment. See Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 533, 543 (1993). We’re dealing here with a highly contagious and often fatal disease for which there presently is no known cure. In the words of Justice Robert Jackson, if a “[c]ourt does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact.” Terminiello v. City of Chicago, 337 U.S. 1, 37 (1949) (Jackson, J., dissenting).

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ninth circuit aiming for another reversal, I see
 
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T

the janitor

Tom Curren status
Mar 28, 2003
12,340
1,737
113
north of the bridge
obslop said:
here's what 9th said re: church gatherings and CA prohibition on same:

We conclude that appellants have not demonstrated a sufficient likelihood of success on appeal. Where state action does not “infringe upon or restrict practices because of their religious motivation” and does not “in a selective manner impose burdens only on conduct motivated by religious belief,” it does not violate the First Amendment. See Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 533, 543 (1993). We’re dealing here with a highly contagious and often fatal disease for which there presently is no known cure. In the words of Justice Robert Jackson, if a “[c]ourt does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact.” Terminiello v. City of Chicago, 337 U.S. 1, 37 (1949) (Jackson, J., dissenting).

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I'm thinking that if one were to look at the current attendance levels for grocery stores, home improvement stores, etc., and compare those to the size of the average church, this argument will face some challenges
 
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O

obslop

Rabbitt Bartholomew status
Feb 4, 2002
8,044
1,512
113
san diego, CA
the janitor said:
I'm thinking that if one were to look at the current attendance levels for grocery stores, home improvement stores, etc., and compare those to the size of the average church, this argument will face some challenges
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will be interesting. don't know much about this area of the law and intend to learn more out of curiosity.
 
Ifallalot

Ifallalot

Duke status
Dec 17, 2008
88,968
18,006
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mundus said:
LOL, how about Trump calling the free press the enemy of the people.
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Did he force the press to print only good things about him? Did he criminalize criticism? No.

Criticizing the press is just as much part of the 1A as the press criticizing the President. The 1A doesn't protect you against mean names, snowflake
 
Ifallalot

Ifallalot

Duke status
Dec 17, 2008
88,968
18,006
113
hal9000 said:
wasn't Jesus the most liberal, commie, anti-establishment kinda guy? he was totally against organized religion. why do you guys feel the need for a monolithic, organized religion to tell you what to do all the time?

the bible doesn't say anything about a physical church. the church is not the building. worshipping god doesn't necessitate going into a building or gathering with "x" number of people.

the first amendment doesn't say anything about a church building either, nor does it discuss gathering among people to worship

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."

show me where congress made a law respecting establishment of a religion here. or where it prevented people from exercising their religion.

it never happened. you guys are freaking out over nothing. yell into the sky some more.
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People exercise their religion by going to church.

Next

Also, this is all religion, not Jesus
 
Ifallalot

Ifallalot

Duke status
Dec 17, 2008
88,968
18,006
113
obslop said:
here's what 9th said re: church gatherings and CA prohibition on same:

We conclude that appellants have not demonstrated a sufficient likelihood of success on appeal. Where state action does not “infringe upon or restrict practices because of their religious motivation” and does not “in a selective manner impose burdens only on conduct motivated by religious belief,” it does not violate the First Amendment. See Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 533, 543 (1993). We’re dealing here with a highly contagious and often fatal disease for which there presently is no known cure. In the words of Justice Robert Jackson, if a “[c]ourt does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact.” Terminiello v. City of Chicago, 337 U.S. 1, 37 (1949) (Jackson, J., dissenting).

Click to expand...
9th

LOL
 
M

mundus

Duke status
Feb 26, 2018
37,314
16,360
113
Ifallalot said:
Did he force the press to print only good things about him? Did he criminalize criticism? No.

Criticizing the press is just as much part of the 1A as the press criticizing the President. The 1A doesn't protect you against mean names, snowflake
Click to expand...
Quoting Hitler is such a good look for the President, right Proud Boi?
 
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