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In response to:

Atheist Monument Unveiled in Florida

Iam7 Wrote: Jul 01, 2013 3:12 PM
Awesome. Freedom of religion includes all religions and freedom from religion!
This is how people who respect the fact that abortion is legal and a right under the US constitution work, actually. I understand your heartfelt opposition to abortion, but it is legal and a protected right. State legislatures must comport with the federal laws when drafting abortion restrictions.
I guess you missed the part about the judge in this case being a Shawnee County district court judge. She is a state judge. Elected by citizens of her county. So if she is partisan, the partisans of her county are responsible for her sitting on the bench.
Ummmm--if you read more closely you will see that this was the Shawnee County District court judge. A state judge. Elected. By the citizens of her county.
There was no legislating from the bench here. The judge didn't write a law, but merely tossed out what was unconstitutional about the law challenged in her court.
It's not. First of all, govt-mandated warnings on tobacco products is a federal law, which trumps state law under the Supremacy Clause of the constitution. Second, the abortion bill the article discusses would have forced abortion providers to "vouch for the accuracy and independence of the state's health department material on abortions". Govt. can require warnings but can't force anyone to "vouch for" those warnings. That's the part that violates free speech. It would be like if you owned a store that sold tobacco products and the state passed a law requiring you to "vouch" for those warnings each time you sold the product. It was a stupid provision that was never going to pass constitutional muster, and makes me wonder about the intellectual capacity of the lawmakers who drafted it.
"State law may infringe whenever it deems it necessary." You are mistaken about that. The 1st amendment applies to the states through incorporation via the 14th amendment. It means that states cannot infringe on 1st amendment rights any more than the federal government.
Your analogy is flawed. The law in question would have forced abortion providers to vouch for the accuracy of state information on the state website. It would be like the guy at the 7/11 having to vouch for the accuracy of the warning label on the tobacco product.
Wow. You just make stuff up as you think of it, don't you? Who got fired? Do you have a link to that? I didn't think so.
Kennedy is hardly a progressive. He sides with the usual 4 other trogladytes on nearly every other issue.
You're right--I mis-typed that. I meant to say that Baptism is a fundamental right, and that churches are free to keep performing their rites free from govt. regulation. As long as the rites don't have some component that the state has a compelling interest in regulating (like safety and sanitation standards at a Kosher meat factory, eg)
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