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Back to topic please


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Ma~your link states that the laws forbidding same-sex marriage are unconstitutional. That sent the case back to the lower court. Chuck was right.


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The court ordered the judge to rule same sex marriage legal, that is an imposition by any definition. I really don't care, didn't back then either. For the record, that referendum would have made same sex marriage legal by acclamation. The constitutional amendment never would have passed the popular vote. My argument was never getting married, it was the courts order and the legislature's unwillingness to do their constitutional duty. But then, this is Massachusetts and it really is a communist dictatorship, very similar to what Obama is trying to establish.


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Clearly Fox News is privy to the "news" that the SC has abdicated and recommended public polls for the latest and greatest interpretation of the Constitution ... why else would the nuts resort to this ploy

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damn commie pinko fags ... they're everywhere ... and now they're disguised as muslims ... bahhhh ... under my bed i found them .... i have been contaminated .... it's spreading .... ahhhhhhhhh

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But isn't it the court's job to judge what is Constitutional or not? As will happen with the food trucks, there will be some kind of law suit, the courts will rule and that is what we will have to go by.


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Originally Posted by NW Ponderer
Originally Posted by issodhos
Originally Posted by rporter314
... they have the right guaranteed by the 1st Amendment to build a mosque there.
Make your case, rporter314.
Yours,
Issodhos
Simple: 1st Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." Hence, the inability of the zoning commission being able to discriminate against one particular religion. Zoning rules for private property can, of course, be applied evenly - as they were in this case.

Case closed.
Even more simple: Is congress attempting to make a law which would establishing this or any other religion? No. Is the Congress trying to make a law that would restrict the owners of this property from building their Mosque and exercising their religion? No. Is any governmental body preventing them from doing so? No.

So, want to try using the 14th Amendment? Are the owners of this property being denied equal protection under the law by the Federal, state, or local government? No. That puts to rest attempts to inject the First Amendment into the argument. Case closed before it is even opened.

Do the citizens have a right to protest and to petition? Yes. Does that mean that they are violating the rights of the owners of the property? No.

Until a governmental body passes a regulation or law that prohibits all religious structures within "X" number of blocks, or singles out a prohibition against one specific religion, the First Amendment issue is a false issue.
Yours,
Issodhos

Last edited by issodhos; 08/19/10 02:03 AM. Reason: altered as requested

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Originally Posted by issodhos
Until a governmental body passes a regulation or law that prohibits all religious structures within "X" number of blocks, or singles out a prohibition against one specific religion, the First Amendment issue is a false issue.
While not a government entity, MAPP (Mother Against Perverted Pedophilia) are trying to have Catholic Churches rezoned so they are not near any elementary or middle schools. smile


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issodhos, you conveniently evade the reality that the loudest anti-mosque voices are in fact asking for legislation against it. The only thing false about the first amendment issue is your analysis.


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Issy's analysis is technically correct. No governmental entity has prohibited the building of the Islamic community center. So there currently no I or XIV amendment issues.

But as long as there are people advocating for such a prohibition, then there are Constitutional issues. And the best way to make sure that government doesn't step in and prevent the building of the IC is to remind people that our Constitution prohibits such governmental action.

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