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Author Message
25 new of 526 responses total.
twenex
response 289 of 526: Mark Unseen   Mar 2 20:17 UTC 2006

The establishment of religion forbidden is.
nharmon
response 290 of 526: Mark Unseen   Mar 2 20:20 UTC 2006

Not exactly Jeff. The state establishment is religion is forbidden. A 
private entity is free to establish religion, and has a right to 
exercise it.
kingjon
response 291 of 526: Mark Unseen   Mar 2 20:21 UTC 2006

"The establishment of religion" *by Congress* "forbidden is."

twenex
response 292 of 526: Mark Unseen   Mar 2 20:22 UTC 2006

(I know; i was just playing on the "Yoder", bit. Maybe you have to speak a
non-rhotic accent to get it.)
tod
response 293 of 526: Mark Unseen   Mar 2 20:22 UTC 2006

Thanks Yoda ;)
nharmon
response 294 of 526: Mark Unseen   Mar 2 20:22 UTC 2006

Oh, I get it now.
slynne
response 295 of 526: Mark Unseen   Mar 2 20:32 UTC 2006

When I first read about Monahans Catholic town, it reminded me of a 
former Mnetter Sean Hastings and his idea of "seascaping". I have this 
weird feeling that Monahan would probably love the idea of a community 
floating out in international waters where he would make up all the 
rules he wants. 
twenex
response 296 of 526: Mark Unseen   Mar 2 20:34 UTC 2006

IIRC, Pennsylvania was born as a colony for Puritans.
tod
response 297 of 526: Mark Unseen   Mar 2 20:44 UTC 2006

Well, I'll testify to the fact that PA is now full of horndogs.
richard
response 298 of 526: Mark Unseen   Mar 2 20:57 UTC 2006

re #283, jep, suppose there was a religion that had as one of its basic tenets
that it is okay to molest children.  And suppose that the mega-zillionaire
founder of that religion said, "I'm going to build my own town in Florida,
where all the residents of the town will be of my religion, and where will
molest our children as we please"  This would be just a people living in a
town where there laws are based on religion right?

Not in this country.  The Bill of Rights applies to every square foot of the
land in these United States, and if you live in this country, you must honor
the laws of the land.

kingjon
response 299 of 526: Mark Unseen   Mar 2 20:59 UTC 2006

Bad example -- that's something that's against the law, not just religious. I
can see no guideline for Constitutional interpretation that forbids the plan
for Ave Maria, FL, that does not also forbid churches, period.

tod
response 300 of 526: Mark Unseen   Mar 2 21:13 UTC 2006

re #298
, suppose there was a religion that had as one of its basic tenets
 that it is okay to molest children.
We call that Roman Catholicism.
nharmon
response 301 of 526: Mark Unseen   Mar 2 21:17 UTC 2006

Richard, the bill of rights applies to the government. It is a law 
saying what the government is not allowed to do. It is not a law that 
says what individual people are not allowed to do.
richard
response 302 of 526: Mark Unseen   Mar 2 21:18 UTC 2006

you don't make exceptions to the Constitution and the Bill of Rights.  You
don't get to build your own town in the United States and get to eliminate
the separation of church and state there.  That is against the law of our
land, just as child molesting is.
richard
response 303 of 526: Mark Unseen   Mar 2 21:19 UTC 2006

nharmon the Bill of Rights spells out INDIVIDUAL rights.  It says YOU have
the right to freedom of speech, freedom of religion .etc  In order for you
to have those rights, the government of any state, town or community CANNOT
infringe upon those rights or place any restrictions on those rights.
nharmon
response 304 of 526: Mark Unseen   Mar 2 21:29 UTC 2006

Yes there are exceptions to the Bill of Rights, Richard. Lets name them 
shall we? Compelling state interest, and actions of individuals.

I think what this guy is talking about as a town is really a supersized 
private property community.
richard
response 305 of 526: Mark Unseen   Mar 2 21:35 UTC 2006

The Fourteenth Amendment to the Bill of Rights states in part:

"No State shall make or enforce any law which shall abridge the privileges 
or immunities of citizens of the United States"

This means that noone, not Monaghan or anyone else, can form their own 
state or community and use the powers of that state, town or community to 
abridge or deny the privileges and immunities GUARANTEED to all citizens 
of the United States under the Constitution and the Bill of Rights.

He can't use religion as an excuse to create a community where these 
guaranteed rights are not in effect.  
cyklone
response 306 of 526: Mark Unseen   Mar 2 21:37 UTC 2006

Natey, your frivolous lawsuits claim is a false meme. Lawsuits are in the
single digits when compared to overal medical costs. Finding one story about
a suit you don't like doesn't prove your point. Find some real cites if you
want to be taken seriously.
marcvh
response 307 of 526: Mark Unseen   Mar 2 21:45 UTC 2006

It's a natural result of the fact that you don't generally see a news
story about a case where a doctor does commit malpractice, resulting in
the serious injury or death of a patient, but no lawsuit follows for
whatever reason (nobody alive left to file it, family full of cowards
who are scared to talk to lawyers, etc.)
tod
response 308 of 526: Mark Unseen   Mar 2 21:48 UTC 2006

re #305
You're using the amendment to give slaves freedom as an argument against a
HOA?  Chill out, d00d.
richard
response 309 of 526: Mark Unseen   Mar 2 21:51 UTC 2006

re #308 uh no, I was referring to the 14th amendment.  The amendment that
repealed slavery was the 13th amendment.
tod
response 310 of 526: Mark Unseen   Mar 2 22:03 UTC 2006

re #309
 re #308 uh no, I was referring to the 14th amendment.  The amendment that
 repealed slavery was the 13th amendment.
The 14th enforced the Civil Rights Act.  It was the cause of a formation of
the KKK and for the impeachment of Prez Johnson.
richard
response 311 of 526: Mark Unseen   Mar 2 22:10 UTC 2006

yes but you said "the amendment to give slaves freedom"  That amendment was
the 13th, not the 14th.  Besides which, the point of the amendment was to
prevent states, or whackos like Monaghan, from trying to subvert the
Constitution by modifying or taking away any of the priviledges guaranteed.
richard
response 312 of 526: Mark Unseen   Mar 2 22:12 UTC 2006

That very same part of the 14th amendment btw is why Roe v Wade was passed.
States with anti-abortion laws were deemed to have passed laws which violated
the federal constitutional rights/privileges of female citizens.
marcvh
response 313 of 526: Mark Unseen   Mar 2 22:31 UTC 2006

It's only applicable if the city calls itself public and wants to be a 
government.  If it calls itself a private community, and sets itself up
as such, then that's different.

There would still be significant legal barriers; for example, the fair
housing act would seem to apply, which (as I understand it) means they
could not turn people away on the basis of race, religion, sex, national
origin, family status, or disability.  Given this I'm not sure how well
they could effectively preserve their community as a Catholic enclave.
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