"Joy and pleasure are as real as pain and sorrow and one must learn what they have to teach. . . ." -- Sean Russell, from Gatherer of Clouds

"If you're not having fun, you're not doing it right." -- Helyn D. Goldenberg

"I love you and I'm not afraid." -- Evanescence, "My Last Breath"

“If I hear ‘not allowed’ much oftener,” said Sam, “I’m going to get angry.” -- J.R.R. Tolkien, from Lord of the Rings

Sunday, September 22, 2013

I Think Congresscritters Should Have To Take a Test on the Constitution

This story's around over the past couple of days, but Aksarbent has the most complete summary. (I love it when other bloggers do all the work for me.) Some highlights (or low points) from various sources:

From Zack Ford at ThinkProgress:

According to... HR 3133, there would be no consequences for any organization or individual that chooses not to recognize a same-sex marriage:
The Federal Government shall not take an adverse action against a person, on the basis that such person acts in accordance with a religious belief that marriage is or should be recognized as the union of one man and one woman, or that sexual relations are properly reserved to such a marriage.

In other words, the bill would create special religious protections only for people who oppose same-sex marriage or premarital sex. Under the guise of “religious freedom,” this bill specifically endorses one particular set of religious beliefs without concern for any others, a pretty clear violation of the Establishment Clause of the First Amendment.

Apparently, it's a case of "First Amendment for me, but not for thee." I made the same point in comments at one blog or another quite possibly at a post on another attempt at the same "protections" for "religious freedom" -- they're really nothing more than naked attempts to subvert First Amendment protections for freedom of conscience, and gut the Establishment Clause -- not to mention the Fourteenth Amendment.

And from Dale Carpenter at Volokh Conspiracy:
“Adverse actions” include action by the IRS to strip a group of favorable tax treatment, like tax-exempt status. But it also includes actions related to employment, accreditation, grants, contracts, or benefits otherwise available under federal law. And it broadly prohibits “discrimination” against those who oppose same-sex marriage and non-marital sex. “Person” includes nonprofit and for-profit corporations, companies, associations, firms, partnerships, societies, and joint stock companies.

Ah, yes -- "Corporations are people, my friend." So saith the Supreme Court, LLC. (Although that decision, as it relates to the right to disciminate against same-sex couples, is getting mixed reviews from the circuit courts.)

Carpenter goes on to note, in his very polite, lawyerly way, that the bill as drafted is a mess.

My own feeling is that, if it gets through the House, it will never get a vote in the Senate. I suspect Raul Labrador, the chief sponsor, knows that, and he's just grandstanding for the rubes.

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