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Politics : Sharks in the Septic Tank -- Ignore unavailable to you. Want to Upgrade?


To: Neocon who wrote (77118)10/9/2003 6:19:16 PM
From: The Philosopher  Read Replies (1) | Respond to of 82486
 
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.

Sorry. No. The judge is going to ask whether the law prohibits gender discrimination. Then he is going to ask whether the person discriminated. Then he is going to ask whether the legislature created an exception. Then he is going to ask whether, if the legislature didn't create an exemption, the statute is unconstitutional as applied. And in Mojo's case, the answer is going to be no.



To: Neocon who wrote (77118)10/9/2003 6:24:36 PM
From: Lane3  Read Replies (1) | Respond to of 82486
 
We seem to be having a failure to communicate. I can't speculate on whether it is intentional on your part or not.

The "overblown analogies" were simply to make the point that having a claim is worthless. Having satisfied that Mojo has a claim, we still do not know if trying to exercise it would be the right thing to do or not, whether he should be considered noble for pursuing it or not, or if there is some way of exercising it that might be the rule and others the exceptions. Never known you to shy away from such things before.

If you want to claim that you started this discussion on freedom of conscience and assert your rights to constrain the discussion, I can understand that.

If you want to claim that you don't want to pursue the matter any further and risk your friendship, I can understand that.

If you want to claim that you're sick to death of this, I can surely relate to that.

But claiming that you don't speculate...