any judge with an IQ above 4 is going to know whether you're actually dealing with a violation of your conscience or just making up a legal defence. i think it's fairly obvious the first amendment wasn't created to allow people to make up a religion in half a second and use that as a legal defence for everything
Last time I checked, rulings are made based on laws and not the judge's intuition. Show me the part of this law that prevents this from happening.
yeah look at all that text about how discrimination is permissible now.
O jeez, it doesn' say nothin about discrimination being legal. Guess that means I'm wrong!Yeah, no. You're going to have to apply a little bit of something known as
reading comprehension in order to get past the legal jargon here. I'll go bit by bit here:
Prohibits a governmental entity from substantially burdening a person's exercise of religion, even if the burden results from a rule of general applicability
What this is saying is that a governmental entity cannot charge a person with discrimination over their exercise of religion even if it results from them refusing a 'rule of general applicability'. Laws based on 'general applicability' are ones that do not target a specific activity (generally) related to speech or religion, like marches, protests, etc.
An example I found in an online document about these rules is that a rule of general applicability is something like a law requiring you to get a license before giving speeches in a public park, which applies to anyone regardless of what speech they're giving.
The reason why this caveat is given is because most state governments have discrimination laws that do not protect 'gays' or 'jews' specifically, but this law allows businesses to be exempt from those laws if it happens to protect a group their religion allegedly prevents them from serving. What this is essentially saying is that, discrimination laws aside, if your religion says you don't like a protected group, then the government can't do stuff to stop you from discriminating against them.
If you need any more convincing that this law is patently discriminatory, please compare these two texts:
Religious freedom restoration. Prohibits a governmental entity from substantially burdening a person's exercise of religion, even if the burden results from a rule of general applicability, unless the governmental entity can demonstrate that the burden: (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering the compelling governmental interest. Provides a procedure for remedying a violation. Specifies that the religious freedom law applies to the implementation or application of a law regardless of whether the state or any other governmental entity or official is a party to a proceeding implementing or applying Religious freedom restoration. Prohibits a governmental entity from substantially burdening a person's exercise of religion, even if the burden results from a rule of general applicability, unless the governmental entity can demonstrate that the burden: (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering the compelling governmental interest. Provides a procedure for remedying a violation
(a) In general
Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b) of this section.
(b) Exception
Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person -
(1) is in furtherance of a compelling governmental interest; and
(2) is the least restrictive means of furthering that compelling governmental interest.
Notice anything? That's right, they're essentially the same damn thing. The first one is SB101, and the second one is the Religious Freedom Restoration Act of 1993, which was rendered
unconstitutional by
City of Boerne v. Flores.
there is a list of tax exempt religions. any others are not "religions" in this nation.
I'm totally with you on that. The tax-exempt status of churches is in violation of the 1st amendment.