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Reply #181: And that is perfectly legal if it is done by a Private party, [View All]

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happyslug Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-10-06 07:29 PM
Response to Reply #172
181. And that is perfectly legal if it is done by a Private party,
The issue in this sub-thread was private vs. Government discrimination (Through the overall thread is about this lawsuit about Christians being discriminated against do to their religion's rejections of what the Government owned University considers "Norms"). Thus as to PRIVATE PARTIES such discrimination is perfectly legal.

The issue in this case is the traditional problem of the First Amendment, for it forbids NOT ONLY Congress endorsing a Religion but also any Governmental restrictions on Religions. The Lawsuit position is that the Decision of the University (a State Owned University NOT a Private University) to prohibit people from making comments in tolerates of Gays is a STATE ACTION AGAINST A RELIGION. Now I do not think this will go far, for the present US Supreme Court has ruled that if you adopt a neutral act as to religion that affects a religion, that is NOT an attack on that Religion (This was the Peyote Ruling, American Indians who used Peyote in their Religious ceremony could not claim exemption from general drug laws outlawing the use of Peyote).

The real issue what is the intent of the Ruling by the University? Was it to protect gays or punish Christians who attacks gays? If it is the later it is Illegal and unconstitutional, if it is the former it is legal and constitutional.
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