Re: Discrimination

[Steven Jamar]

Steve, Government can restrict people from putting religion or nonreligion beliefs into action. No discrimination involved. Specific religion and nonreligion actions can be prohibited or abridged by the laws of society. The question is not under what circumstances government can do so. Government can do so, under any circumstance, religion or no religion. In respect to actions, the Free Exercise Commandment does not assert any exception to the rule of law. The First Amendment merely commands that "religion" shall not be established by law and that Congress shall make no law "prohibiting" (which means totally) the free exercise of religion. The First Amendment does not say Congress shall make no law "abridging" the free exercise of religion. Therefore, I concur with the unanimous opinion of Reynolds v. U.S. (cited below) and with the Virginia attorney, first United States Secretary of State, and President, Thomas Jefferson, who, in 1802, wrote: "the legitimate powers of government reach actions only, and not opinions." I agree completely with the statement that the governmental powers can "reach actions only, and not opinions."  However, that does not mean that the government can reach any and all actions -- it just means that the it can act in a way that affects actions only.  It can ban murder even if a group for religious reasons believed in human sacrifice.  But it cannot ban the belief in human sacrifice. That quote does nothing at all to advance your case, Gene.  And the Reynolds case says exactly the same thing with the same simple grammatical meaning -- the power to reach actions at all is not the unlimited power over them. Steve --  Prof. Steven D. Jamar                               vox:  202-806-8017 Howard University School of Law                     fax:  202-806-8567 2900 Van Ness Street NW                   mailto:[EMAIL PROTECTED] Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/ "Any intelligent fool can make things bigger, more complex, and more violent.  It takes a touch of genius - and a lot of courage - to move in the opposite direction." Albert Einstein

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