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re: Pastor Spell Under House Arrest with Ankle Monitor

Posted on 4/26/20 at 10:34 am to
Posted by BestBanker
Member since Nov 2011
17534 posts
Posted on 4/26/20 at 10:34 am to
You really stretched her by quoting a passage from a justice to affirm his vote,
quote:

"The family itself is not beyond regulation in the public interest, as against a claim of religious liberty. And neither the rights of religion nor the rights of parenthood are beyond limitation…. The right to practice religion freely does not include the right to expose the community or the child to communicable disease or the latter to ill-health or death...."
Prince v. Massachusetts, 321 U.S. 158 (1944)


When this is what that case was about:

quote:

Prince v. Massachusetts, 321 U.S. 158 (1944), was a case in which the Supreme Court of the United States held that the government has broad authority to regulate the actions and treatment of children. Parental authority is not absolute and can be permissibly restricted if doing so is in the interests of a child's welfare. While children share many of the rights of adults, they face different potential harms from similar activities.

So I disregard your case as evidence contrary to the right to assemble and worship.
Posted by DampSocksOnSaturday
Denham Springs
Member since Sep 2016
73 posts
Posted on 4/26/20 at 10:40 am to
quote:

So I disregard your case as evidence contrary to the right to assemble and worship.


Did you read up on the case? The aunt was a Jehovah Wittness and claimed the law did not apply because of her religious practice. Yes the heart of the matter was custodial actions, but the reason for challenging the law was religious belief superseding the state law.
Posted by tLSU
Member since Oct 2007
8628 posts
Posted on 4/26/20 at 10:43 am to
quote:

So I disregard your case as evidence contrary to the right to assemble and worship.


You're free to "disregard" whatever you want. Some claim to disregard the authority of the government, the rule of law, etc.

The case has been cited nearly 9000 times. The phrase I quoted is the most commonly quoted line from the case by those 9000 courts which have referenced it. In fact, it's even quoted in the Wikipedia page you selectively pulled from.

Once again, you're free to claim what the law is. I'm sure that once Pastor Spell takes this up, the Fifth Circuit and Supreme Court will agree with you and reverse Prince.
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