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M84 Oh, bother. from Our little blue planet Since: Jun, 2010 Relationship Status: Chocolate!
Oh, bother.
#195451: Jun 26th 2017 at 9:51:48 AM

[up][up]So much for separation of church and state. Does this mean churches are eligible to pay tax now?

edited 26th Jun '17 9:51:55 AM by M84

Disgusted, but not surprised
Luigisan98 A wandering user from Venezuelan Muscat Since: Oct, 2013 Relationship Status: I <3 love!
A wandering user
#195452: Jun 26th 2017 at 9:52:09 AM

[up][up][up][up] Still, someone telling me that it's because of my social status in the country where I live that I'm an idealist and that I'm unattached to my country is pretty much uncalled for.

edited 26th Jun '17 9:52:31 AM by Luigisan98

The only good fanboy, is a redeemed fanboy.
math792d Since: Jun, 2011 Relationship Status: Drift compatible
#195453: Jun 26th 2017 at 9:54:00 AM

[up][up]Because they aren't the right color, religion, or income bracket.

Speaking from experience, albeit with a different draconian system, being in the right income bracket won't save you. There was at least one high-profile case this year of a woman being deported in spite of earning over 5.000 dollars a month, on pure technicality.

Still not embarrassing enough to stan billionaires or tech companies.
DingoWalley1 Asgore Adopts Noelle Since: Feb, 2014 Relationship Status: Can't buy me love
Asgore Adopts Noelle
#195454: Jun 26th 2017 at 10:00:08 AM

[up]x3 The Money can only be used by Religious Organizations for non-Religious Purposes, such as Schools and Playgrounds. It's not that bad.

[up]x4 In another 6-3 Decision, the Court ruled against Arkansas' Anti-Gay Birth Certificate Law. Of course, Neil Gorsuch was one of the people for the Law, so we can assume he will basically be like Antonin Scalia.

Fourthspartan56 from Georgia, US Since: Oct, 2016 Relationship Status: THIS CONCEPT OF 'WUV' CONFUSES AND INFURIATES US!
#195455: Jun 26th 2017 at 10:02:58 AM

The Money can only be used by Religious Organizations for non-Religious Purposes, such as Schools and Playgrounds. It's not that bad.
It doesn't matter the purpose, giving public money to religious institutions sets a terrible precedent that I can promise you will be exploited in the future.

"Sandwiches are probably easier to fix than the actual problems" -Hylarn
Bense Since: Aug, 2010
#195456: Jun 26th 2017 at 10:04:59 AM

A few points about the SCOTUS travel ban ruling:

  • The dissenters were the more conservative justices (including Gorsuch), and they only dissented because they wanted the injunctions lifted entirely - they did not disagree with the main substance of the ruling. When even the liberal wing of the court doesn't buy your argument, there is a problem with your argument.
  • Whether or not the travel ban is a good idea, the law is pretty clear that the President can do it. The lower court injunctions were based on the supposed intent of the President rather than the legality of the order itself. The SCOTUS ruling doesn't take the President's campaign rhetoric into account at all, which I think is the correct approach.
  • Since the ban is written as only 90 days long, it's rather academic to allow the case to be argued fully in October - the ban itself will have expired by that point.
  • So this is pretty clearly a Trump victory.

Eschaton Since: Jul, 2010
#195457: Jun 26th 2017 at 10:07:57 AM

I imagine this might also motivate enough Republican senators to vote for the wealthcare bill.

They'll want to be on the winning team.

Bense Since: Aug, 2010
#195458: Jun 26th 2017 at 10:08:22 AM

Regarding the religious freedom ruling, it was basically "Churches can't be excluded from benefiting from programs that have a non-religious purpose just because they are themselves religious." In this specific case, making playgrounds safer.

The exclusion of Trinity Lutheran from a public benefit for which it is otherwise qualified, solely because it is a church, is odious to our Constitution … and cannot stand...The express discrimination against religious exercise here is not the denial of a grant, but rather the refusal to allow the church — solely because it is a church — to compete with secular organizations for a grant.

RainehDaze Figure of Hourai from Scotland (Ten years in the joint) Relationship Status: Serial head-patter
Figure of Hourai
#195459: Jun 26th 2017 at 10:10:43 AM

The SCOTUS ruling doesn't take the President's campaign rhetoric into account at all, which I think is the correct approach.

We can guarantee it will be taken into account when they actually rule on it in full, though. To not do so would be completely at odds with including intent in any other area of law.

Avatar Source
Fourthspartan56 from Georgia, US Since: Oct, 2016 Relationship Status: THIS CONCEPT OF 'WUV' CONFUSES AND INFURIATES US!
#195460: Jun 26th 2017 at 10:11:40 AM

[up]Hopefully that will result in it being shot down.

"Sandwiches are probably easier to fix than the actual problems" -Hylarn
Elle Since: Jan, 2001
#195461: Jun 26th 2017 at 10:15:18 AM

[up][up]And as much as religion (deservedly) gets a bad rap around here, many churches do provide useful social services. You have to allow at least that much in arguing it. I'm leaning toward agreeing that this doesn't constitute religious endorsement per se.

The ruling was 7-2 with Sotomayor and Ginsberg dissenting.

edited 26th Jun '17 10:16:11 AM by Elle

SeptimusHeap from Switzerland (Edited uphill both ways) Relationship Status: Mu
#195462: Jun 26th 2017 at 10:16:14 AM

Depends on what the complaint is, mind you. If it's about the president not having the authority to enact such a ban, it's irrelevant - and the text of the ruling here implies that this was the main thrust. If the complaint is about the order violating the 14th amendment then it'd be relevant, although separation of powers/"political question" doctrine would enter it as well.

"For a successful technology, reality must take precedence over public relations, for Nature cannot be fooled." - Richard Feynman
firewriter Since: Dec, 2016
#195463: Jun 26th 2017 at 10:16:39 AM

I would say that thing for funding the church's cause for helping a playground is actually a good thing, because it actually helps children be safe in their environment and of course promotes exercise which this generation really needs.

Eschaton Since: Jul, 2010
#195464: Jun 26th 2017 at 10:17:56 AM

Also, the 9th Circuit court did not cite campaign rhetoric (the 4th did), instead arguing that the ban had insufficient evidence for existing.

The Trump administration argued it was necessary to freeze visa applications as part of a review of security procedures. But the judges found no basis for that claim. “There is no finding that present vetting standards are inadequate, and no finding that absent the improved vetting procedures there likely will be harm to our national interests,” the panel noted. “These identified reasons do not support the conclusion that the entry of nationals from the six designated countries would be harmful to our national interests.”[..]

“The Order does not tie these nationals in any way to terrorist organizations within the six designated countries,” the panel said. “It does not identify these nationals as contributors to active conflict or as those responsible for insecure country conditions. It does not provide any link between an individual’s nationality and their propensity to commit terrorism or their inherent dangerousness.”[...]

The panel similarly found a lack of justification in the order to support the temporary suspension of the U.S. Refugee Assistance Program. “EO 2 does not reveal any threat or harm to warrant suspension of USRAP for 120 days and does not support the conclusion that the entry of refugees in the interim time period would be harmful,” the panel wrote. “Nor does it provide any indication that present vetting and screening procedures are inadequate.” Accordingly, it upheld the lower court’s decision to suspend that part of the executive order as well.

The Ninth Circuit panel’s focus on statutory language results in a much different ruling against the executive order than the one issued by the Fourth Circuit last month. The panel did not decide whether the ban wrongly discriminated against Muslims, which was a central focus of the Fourth Circuit ruling. Because that court already ruled against the ban on statutory grounds, the judges said Monday it was unnecessary to determine whether the president’s words or deeds violated the First Amendment’s religious-freedom protections. It also did not engage at length or in depth with Trump’s litany of controversial remarks about the ban, which many plaintiffs had cited as evidence of discrimination.

edited 26th Jun '17 10:19:45 AM by Eschaton

DingoWalley1 Asgore Adopts Noelle Since: Feb, 2014 Relationship Status: Can't buy me love
Asgore Adopts Noelle
#195465: Jun 26th 2017 at 10:20:30 AM

The Supreme Court also turned away two Gun-Related Lawsuits; one was against San Diego denying the right of Gun Owners to Conceal Carry (which is still in effect), one was against allowing those convicted of Misdemeanors in Pennsylvania to own a Gun (which was struck down in the Circuit Court). Neither carry National Precedent.

Fourthspartan56 from Georgia, US Since: Oct, 2016 Relationship Status: THIS CONCEPT OF 'WUV' CONFUSES AND INFURIATES US!
#195466: Jun 26th 2017 at 10:22:40 AM

I would say that thing for funding the church's cause for helping a playground is actually a good thing, because it actually helps children be safe in their environment and of course promotes exercise which this generation really needs.
And I would say that providing public funding to religious sources is never a good thing, there are publicly funded parks for a reason.

"Sandwiches are probably easier to fix than the actual problems" -Hylarn
speedyboris Since: Feb, 2010
#195467: Jun 26th 2017 at 10:24:02 AM

Dammit, who got to you, Supreme Court?

Bense Since: Aug, 2010
#195468: Jun 26th 2017 at 10:26:27 AM

And I would say that providing public funding to religious sources is never a good thing, there are publicly funded parks for a reason.
The logical extreme of that argument would be that churches should be excluded form police protection or fire fighting services.

edited 26th Jun '17 10:26:35 AM by Bense

firewriter Since: Dec, 2016
#195469: Jun 26th 2017 at 10:27:34 AM

@Fourth

I would say giving funds to help a playground isn't the same as making a state religion, especially when it comes to with how the children could benefit from it.

RainehDaze Figure of Hourai from Scotland (Ten years in the joint) Relationship Status: Serial head-patter
Figure of Hourai
#195470: Jun 26th 2017 at 10:27:36 AM

[up][up] Which is an inconsistent argument as it would argue that affecting churches with any spending anywhere is the same as spending on the churches. And to follow that argument through you have to claim that religious institutions are above the law.

edited 26th Jun '17 10:27:54 AM by RainehDaze

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Bense Since: Aug, 2010
#195471: Jun 26th 2017 at 10:31:03 AM

Which is an inconsistent argument as it would argue that affecting churches with any spending anywhere is the same as spending on the churches.
Well, Missouri just tried unsuccessfully to argue that spending money on a playground at a church-operated school would be the same as spending it on the church.

edited 26th Jun '17 10:44:06 AM by Bense

firewriter Since: Dec, 2016
#195472: Jun 26th 2017 at 10:34:34 AM

[up]

I would like to point out this can not only go for churches but temples, mosques, or other places of worship who could need the grant for good causes. So, it's another strike against saying that this is a bad thing if other religious groups can use it for non-religious causes.

SeptimusHeap from Switzerland (Edited uphill both ways) Relationship Status: Mu
#195473: Jun 26th 2017 at 10:35:00 AM

I am inclined to agree that unlike with race issues, it is not proven yet that a "religion-or-the-absence-thereof-blind" approach doesn't work in this case.

"For a successful technology, reality must take precedence over public relations, for Nature cannot be fooled." - Richard Feynman
Fourthspartan56 from Georgia, US Since: Oct, 2016 Relationship Status: THIS CONCEPT OF 'WUV' CONFUSES AND INFURIATES US!
#195474: Jun 26th 2017 at 10:37:10 AM

The logical extreme of that argument would be that churches should be excluded form police protection or fire fighting services.
No that isn't a logical extreme of my argument, I'm not saying they shouldn't be protected via public funds but due to separation of church and state I believe it sets a dangerous precedent to publicly fund even by a small amount a religious institution.

I would like to point out this can not only go for churches but temples, mosques, or other places of worship who could need the grant for good causes. So, it's another strike against saying that this is a bad thing if other religious groups can use it for non-religious causes.
The lack of religious favoritism is good but that doesn't change the fact that our government shouldn't be funding religion at-all. we have a separation of church and state for a reason.

"Sandwiches are probably easier to fix than the actual problems" -Hylarn
CaptainCapsase from Orbiting Sagittarius A* Since: Jan, 2015
#195475: Jun 26th 2017 at 10:38:25 AM

[up][up] One would think there might be a similar dynamic, given the issue with colorblind policy is that, even when things are made equal under the law, the enforcement of it is such the de facto impact of such policy is disadvantageous to members of non-majority groups, which in this case would be non-Christians.

edited 26th Jun '17 10:40:39 AM by CaptainCapsase


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