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re: Pastor Spell Under House Arrest with Ankle Monitor
Posted on 4/26/20 at 10:04 am to shawnlsu
Posted on 4/26/20 at 10:04 am to shawnlsu
quote:
I hope, for everyone's sake, that he takes it to the USSC. This is a direct violation of the 1st Amendment and can't be tolerated. It doesn't matter how selfish or stupid he is.
First, for all The individuals screaming about his 1st Amendment rights being violated, you need to actually read the 1st Amendment. It guarantees protection against government passing laws limiting religious practice. There has been no such law passed. An executive order is different than a law.
Secondly, I view this as more of a 14th Amendment issue and the SCOTUS has already ruled on these issues as referenced earlier with Jacobson v. Massachusetts and Prince v. Massachusetts.
I hope he does try to take the issue further in the courts because he is going to get shot down.
This post was edited on 4/26/20 at 10:07 am
Posted on 4/26/20 at 10:16 am to DampSocksOnSaturday
quote:
I hope he does try to take the issue further in the courts because he is going to get shot down.
Maryville Baptist here in Kentucky has attempted something similar. They were holding in person services and have now sued the state claiming the restrictions (not quite a stay at home order) was infringing upon their right to practice their religion. The injunction they filed to continue the in person services without punishment was shot down pretty quick in court and the judge specifically pointed out that as long as Governor Beshear’s orders are against all mass gatherings and not just churches they don’t have a leg to stand on. He had also given churches the option of “drive thru” services. Beshear also cited multiple businesses for violating those restrictions in the same Easter weekend they took down license plate numbers of their parishioners to report to the local health departments in case they would have to quarantine over an active case.
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