re: Pastor Spell Under House Arrest with Ankle Monitor

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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.

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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.

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I hope he does try to take the issue further in the courts because he is going to get shot down.

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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.

Jesus was arrested

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Oh, ok. I thought the first amendment covered the rights to exercise religion and peacefully assemble.

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It does. Multiple cases (that have held up against Supreme Court challenges) have determined that some instances are no longer considered “peacefully assembling”. Violating restrictions during a state of emergency isn’t considered peaceful.

I'm sure on occasions Christians lobbied the Roman Emperors, but they gained strength by doing what they wanted and suffering for it.

You really stretched her by quoting a passage from a justice to affirm his vote,

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"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)

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When this is what that case was about:

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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.

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

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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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Great example. The restriction does not just cover religious practice, it covers all gatherings during the executive order.

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I'm sure on occasions Christians lobbied the Roman Emperors, but they gained strength by doing what they wanted and suffering for it.

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The Roman Emperors? Why don't you tell us about the 300 years here. Or the 80 years which have passed since the "Slippery Slope" "man them words is vague!!1!1!" case I cited. Do you feel oppressed?

The best part of all this is the vast majority of churches, including most powerful church on the planet, are getting along streaming mass.

It's embarrassing that we're having this happen here (including this trash trying to back a bus over protestors), but this kind of thing comes with having one of the least educated populations in the first world.

This case you cite has nothing to do with the rights to assemble and worship. It's a vaccine case.

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Nope.

"A community has the right to protect itself against an epidimic of disease which threatens the safety of its members."
Jacobson v. Massachusetts, 197 U.S. 11 (1905).

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Zero to do with assembly. Here's the case summary:

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Jacobson v. Massachusetts, 197 U.S. 11 (1905), was a United States Supreme Court case in which the Court upheld the authority of states to enforce compulsory vaccination laws. The Court's decision articulated the view that the freedom of the individual must sometimes be subordinated to the common welfare and is subject to the police power of the state.

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You can argue case law in court to gain leverage for your position, but neither case you offered has any bearing on the right to assemble and worship.

You know what he could do?



He could... wait for it.....






Hold service from his home and everyone could use their smart phones, iPads, and computers to tune in via the internet, He could also use apps like Zoom, Skype, Goto meeting, House party, etc to hold actual bible study and Sunday school.


That would show them.