Home Forums Hunting & Shooting Hunter's Campfire Florida Sheriff against the Constitution.

You just quoted why they want your guns.

Not even Scalia would join with you on your interpretation:

https://reason.com/2020/03/20/these...tion-protect-their-right-to-remain-open/

n Employment Division v. Smith (1990), Justice Antonin Scalia led the Court in upholding Oregon's power to deny public benefits to two individuals who broke the state's drug laws when they used peyote for sacramental purposes as part of a Native American Church ceremony. "We have never held that an individual's religious beliefs excuse him from compliance with an otherwise valid law prohibiting conduct that the State is free to regulate," Scalia wrote. In other words, it would be one thing if the state specifically banned the use of peyote for religious purposes. But here the state banned its use for all purposes and thus placed no particular burden on religious users. A "generally applicable" law of that sort, Scalia argued, does not qualify as an unconstitutional infringement on religious liberty.

Here's what that means in the present context: The traditional police powers of the states include the power to combat the spread of infectious diseases via quarantines and related health measures (though these powers are not unlimited). Bans on large gatherings to prevent the spread of COVID-19 would likely fit that bill, at least in the short term. They would also likely fit the bill of "general applicability" as spelled out by Justice Scalia. Such bans apply to society at large and do not single out religious gatherings for closure. They would therefore likely pass muster under Employment Division v. Smith.

The purpose of "The Bill of Rights"is to protect us from us.

Apples and oranges

Government by the people, of the people and for the people.

So our "Bill of Rights" means more to me than it did Scalia.

I plan to sacrifice a few folks in line with my pagan religion.
I'll expect your support!

Since the sheriff didn't outlaw the practicing of religion, nor freedom of speech, my guess is that you're protesting the arrest over the right to assemble?

But if you read a little closer, the amendment says "peaceably assemble". Kinda thinking that holding church services en mass, when a significant portion of those shedding the virus may not have symptoms, really isn't all that "peaceable". Not to society as a whole.

Pastor should have read up a bit more on that South Korean church of the Jesus that really boosted their coronavirus case and death toll. And just taken his services online. But you probably don't make as much money when running a church online...

You've got mine!

Well, just for the sake of argument, let's say a devil's advocate in the loosest sense..........


perhaps the Gooberment is not "prohibiting the free exercise" of a chosen religion, but instead prohibiting travel on the public roadways for non-essential reasons.



Perhaps if the attendees could prove that they levitated to their pews, there would be no issue?

Geno

Churches were closed by ordinance during the Spanish Flu.

Like full semi auto?

And it was unconstitutional then, as well.

We are sailing into danger filled waters when the .gov thinks the Constitution can be suspended by governmental fiat.

This is a greater danger to the Republic than any virus or plague.

a_s,

there you go again, making sense and stuff.

better watch it , you might get a time out or something

Geno

Thanks Geno.

I'm sure I'll be called some kind of a pinko commie scum for thinking it's reasonable to just stay home for a few weeks so we can put the kebash on this thing and get our economy restarted on a sound footing.

It's not like I'm supporting the government drafting people and sending them over the top, or island hopping across the pacific. Just stay home for awhile until this passes, and that included packing the local megachurch. As previously mentioned, no god protected the Korean Christian spitters, COVID hit them really hard. Of course, someone will be along shortly to tell us that's only because there weren't "Real Christians".

Dang, and here I thought you might be proposing the issuance of jackboots and black trenchcoats for the official Watchers of the Church Doors brigade.

You gotta be sensible, I'm all about freedom of religion and the Constitution. I will fight anybody that says I don't have a right to go to my church but not in a pandemic. This preacher was asking people to do something stupid. I've been around some preachers that are all about money. They would heard people into a building full of plague infected rats if they thought they could pass a plate and make a few thousand dollars. They arent about God they're about money. If a preacher wants to hold services during this pandemic he should do an out door service, while maintaining social distance and hygiene. A large football stadium comes to mind while maintaining 6 feet between people or families. If what was said is true and he told them he had machines that would destroy the virus he needs to be put away for good.

It’s not the religious implication that stands out to me, it’s the right to assemble.

The campfire proves you can't legislate against stupidity. If they lived on a compound and weren't going to infect others, who cares what they did to themselves. The problem is though they go right back into their communities and infect others. Everyone else has rights too, ya know. Almost every state in this country can link a huge amount of positive cases, hospitalizations, and deaths from church service. Nobody outlawed religion. That church had the means like almost every other church in this country to still have a service that it's members could partake in. Instead, they decided to purposefully flaunt the fact they were going to put others at risk just to have a service. Stupid is as stupid does I suppose.

Pretty much it. They should get in line to lick door knobs in NYC and see how that pans out. Lotsa tough guys.