No judge is going to ask for a business plan. He is going to ask for the grounds of the conscience claim, and weigh it against the alleged state interest in over- riding it. That is the thought experiment. I do not engage in speculation, I set things up to see what can reasonably be inferred, not wildly guessed at. I have no idea how the Israeli- Palestinian conflict, or any of the other overblown analogies, can be dragged into this discussion with a straight face.
I do not think that anyone should be denied medical attention on the basis of race. Furthermore, I do not see a reasonable conscience claim concerning segregation. But even if there were one, there is a compelling state interest in breaking the back of systematic discrimination, and therefore I would consider the laws against discrimination, in that instance, to stand. I have made all of this clear already, actually, at least in principle......... |
