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State Constitution vs. US Constitution

 
 
Foofie
 
  1  
Reply Fri 11 Sep, 2015 10:48 am
I thought a marriage license is a civil document, not a religious document issued by a church. Therefore, why should a religious person, that doesn't subscribe to gay marriage, be concerned about a civil document? Isn't that beyond the jurisdiction of religion? Isn't it a respective church's jurisdiction as to whether it will marry any couple, gay or heterosexual? In my mind, a civil marriage license is just a sort of municipal parking permit, as to where one can park one's genitalia.

What if a religious Catholic, who doesn't believe in divorce, should decide not to issue a document for a civil divorce? There is no divorce in the Catholic faith, so it seems like empowering a civil document to be against one's religious convictions is outside the jurisdiction of religion.

If "cleanliness is next to Godliness," should a religious person not work as a sanitation person?
CollierT
 
  1  
Reply Fri 11 Sep, 2015 04:09 pm
@Real Music,
The problem with your argument is everyone has a constitutional Right of Conscience as guaranteed by the 1st Amendment and Kentucky has a specific constitutional Right of Conscience as do most states. In neither case can an individual be forced by any entity to waive their constitutional rights.
A change in the law doesn't change ones constitutional rights. That requires a constitutional amendment and there haven't been any changing the 1st Amendment.
Consider the witness who invokes there 5th Amendment against self-incrimination. If ever there were a more inconvenient constitutional right. This person knows where your loved one is but he won't say and YOU can't make them.
We don't get to pick and choose to which rights we as U.S. citizens are entitled simply because we don't like them.
As you closely follow the Kim Davis case, ask yourself why she is being forced to act contrary to her Right of Conscience.
You don't have to agree with or even like her or her position but you do have to admit the government has no right to force her to violate her Right of Conscience.
farmerman
 
  1  
Reply Fri 11 Sep, 2015 04:37 pm
@CollierT,
and she has no right of employment. She should be fired period. She can have all the "rights of conscience " that she wishes while she collects her unemployment.

However, if the US Constitution DOES NOT cover thi , then the state has the right to act according to its constitution

"Richt of Conscience" (NOt sure where that is in the 1st Amendment). The right of "Free expression" is the gurantee. Also there is a followup that says that" congress shall make no laws establishing a state religion:"

If she is allowed to act in her "right of concieb=nce" (according to her religion) isnt she guilty of attempting to establish a religiou basis for doing her job??

Shes in a blender an I dont see her on the job beyond some convenient time that uses her as a guest celebrity.
CollierT
 
  1  
Reply Fri 11 Sep, 2015 04:40 pm
@maxdancona,
You say - 'There is no attempt to make anyone forsake their beliefs.' You're right but for the wrong reason.

If you have a constitutional right against self incrimination and you are jailed for contempt after pleading the 5th, you would say 'My rights were violated. You can't force me to incriminate myself.'

The “unalienable rights” explicitly protected by the Bill of Rights include, but are not limited to, the rights of free speech and religion, the right to keep and bear arms, self-determination with regard to one’s own property, the right to be secure in one’s own property, the right to a trial by a jury of one’s peers, protection from cruel and unusual punishment, and so forth.

Unalienable rights are inseparable from us: they are part of our humanity.

Among the “unalienable rights” implicitly protected in the Bill of Rights are freedom of conscience–how can one have freedom of speech or religion without freedom of conscience?

Kim Davis was jailed for contempt after refusing to be forced to do something that violated her conscience. She's not being forced to forsake her beliefs, she's being denied her constitutional Right of Conscience.
0 Replies
 
CollierT
 
  1  
Reply Fri 11 Sep, 2015 04:51 pm
@Foofie,
Kim Davis' objection is not whether the document is religious or civil, rather, that her name is on the document.
Kim Davis has an unalienable constitutional Right of Conscience protected by the 1st Amendment.
Unalienable rights are inseparable from us: they are part of our humanity.
The Bill of Rights guarantees everyone the “unalienable rights” of free speech and religion, the right to keep and bear arms, self-determination with regard to one’s own property, the right to be secure in one’s own property, the right to a trial by a jury of one’s peers, protection from cruel and unusual punishment, and so forth.
Among the “unalienable rights” implicitly protected in the Bill of Rights are freedom of conscience–how can one have freedom of speech or religion without freedom of conscience?
CollierT
 
  1  
Reply Fri 11 Sep, 2015 04:53 pm
@farmerman,
We all have an unalienable constitutional Right of Conscience protected by the 1st Amendment.
Unalienable rights are inseparable from us: they are part of our humanity.
The Bill of Rights guarantees everyone the “unalienable rights” of free speech and religion, the right to keep and bear arms, self-determination with regard to one’s own property, the right to be secure in one’s own property, the right to a trial by a jury of one’s peers, protection from cruel and unusual punishment, and so forth.
Among the “unalienable rights” implicitly protected in the Bill of Rights are freedom of conscience–how can one have freedom of speech or religion without freedom of conscience?
0 Replies
 
CollierT
 
  1  
Reply Fri 11 Sep, 2015 04:58 pm
@farmerman,
She 'is not' Congress.
An individual acting according to their conscience is not the same as The Legislature and Senate making law.
The 1st Amendment prevents the U.S. Congress from establishing a Church of the United States.
Until 1877, many States had a State Religion. In New England, most were the Congregational Church.
0 Replies
 
CollierT
 
  1  
Reply Fri 11 Sep, 2015 05:08 pm
My initial question could have been worded better.
Since the States Constitutions are an extension of the U.S. Constitution, where a right is guaranteed in the State Constitution, it must have been derived of a Right guaranteed in the U.S. Constitution.
I have, since, decided to base my opinion on the words of Thomas Jefferson and James Madison both of whom are considered subject matter experts on the unalienable rights explicitly guaranteed in the Bill of Rights.

Unalienable rights are inseparable from us: they are part of our humanity.

The Bill of Rights guarantees everyone the “unalienable rights” of free speech and religion, the right to keep and bear arms, self-determination with regard to one’s own property, the right to be secure in one’s own property, the right to a trial by a jury of one’s peers, protection from cruel and unusual punishment, and so forth.

Among the “unalienable rights” implicitly protected in the Bill of Rights are freedom of conscience–how can one have freedom of speech or religion without freedom of conscience?
BillRM
 
  1  
Reply Fri 11 Sep, 2015 05:18 pm
@oralloy,
Quote:
When you put someone in jail and do not release them until they violate their beliefs, you are putting them in jail until they forsake their beliefs


If she is no longer willing due to her beliefs to preform her duties she should resign.

If she have a firm belief that blacks and whites.should not married it would be the same issue.

She have zero right to force her believes on others using the power of her state office.
0 Replies
 
maxdancona
 
  1  
Reply Sat 12 Sep, 2015 01:59 pm
@CollierT,
The Kim Davis case has nothing to do with freedom of conscience. No one is forcing her to give up her beliefs, and no one is silencing her beliefs. All we are asking from her is to do her job... or to give up her job so someone else can.

Would you support a Vegan working in a butcher shop who refused to work with meat... or a barber who refused to cut hair, or a bartender who refused to serve alcohol?

If someone in a gun store refused to handle or sell guns, they should be fired... don't you agree?

This whole argument is really ridiculous in my opinion.
maxdancona
 
  1  
Reply Sat 12 Sep, 2015 02:03 pm
@maxdancona,
http://www.advocate.com/sites/advocate.com/files/cojkyp7uwaaijjm_2.jpg

http://www.advocate.com/sites/advocate.com/files/ghostbusters-meme643573614_0.jpg
0 Replies
 
Foofie
 
  1  
Reply Sat 12 Sep, 2015 03:25 pm
@maxdancona,
"Ridiculous"; however, in my opinion, the religious right have been the recipient of less than friendly rhetoric by the progressive left, so it appears that this is a nice situation that they can get a little mileage out of for their position.

roger
 
  2  
Reply Sat 12 Sep, 2015 03:29 pm
@Foofie,
You mean, she was following the law as it was, and is now being prosecuted for breaking the law BEFORE the law was changed? That doesn't seem to be the case, now does it?
BillRM
 
  1  
Reply Sat 12 Sep, 2015 03:37 pm
@Foofie,
No ex post facto have nothing to do with the situation.

Next her position is no better then if she had gone to a catholic clerk who by his or her religion does not believe in divorce and the clerk refused to issue her a marriage licence for any of her three marriages after her first one.

You can not allow government employees to used their positions to enforce their personal believes.
Foofie
 
  1  
Reply Sat 12 Sep, 2015 03:42 pm
@roger,
roger wrote:

You mean, she was following the law as it was, and is now being prosecuted for breaking the law BEFORE the law was changed? That doesn't seem to be the case, now does it?


Note I changed that post; however, she was doing her job adequately before gay marriage, so what allowed her to stay in a job that she now has problems with?
Foofie
 
  1  
Reply Sat 12 Sep, 2015 03:44 pm
@BillRM,
BillRM wrote:

No ex post facto have nothing to do with the situation.

Next her position is no better then if she had gone to a catholic clerk who by his or her religion does not believe in divorce and the clerk refused to issue her a marriage licence for any of her three marriages after her first one.

You can not allow government employees to used their positions to enforce their personal believes.


O.K.; however, why not give government clerks a more thorough vetting for their willingness to do a job. Especially, when laws change that could go against a clerk's personal beliefs?
roger
 
  2  
Reply Sat 12 Sep, 2015 03:47 pm
@Foofie,
Vetting? How? She is an elected official.
roger
 
  1  
Reply Sat 12 Sep, 2015 03:49 pm
@Foofie,
Foofie wrote:

Note I changed that post; however, she was doing her job adequately before gay marriage, so what allowed her to stay in a job that she now has problems with?


Thanks for acknowledging the edit.
0 Replies
 
Setanta
 
  1  
Reply Sun 13 Sep, 2015 01:22 am
@CollierT,
No right of conscience is mentioned anywhere in the constitution (this has already been pointed out to you). No one is suggesting that she change her conscience, just that she do her job and allow the other employees in her office to do their jobs, or resign.
0 Replies
 
Setanta
 
  1  
Reply Sun 13 Sep, 2015 01:34 am
@oralloy,
oralloy wrote:
When you put someone in jail and do not release them until they violate their beliefs, you are putting them in jail until they forsake their beliefs.


Miss Davis was not jailed because she refused to violate her beliefs, she was jailed for repeatedly failing to comply with court orders. At any time in this entire, ridiculous, right wing extremist performance, she could have resolved all the issue by simply resigning.
0 Replies
 
 

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