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Page: Profile: Wren's Nest News Local
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Article: 21144

[Civil]

Date Posted: 9/11/2009 6:14:57 pm EDT
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Tennessee Municipal League To Review Religion Law

Author: The Associated Press Source: First Amendment Center Online

Title: TENNESSEE MUNICIPAL LEAGUE TO REVIEW RELIGION LAW
The Tennessee Municipal League says it may discuss an effort to repeal or modify a new law it believes sets the stage for legal challenges to multiple state statutes and local ordinances that interfere with professed religious beliefs.
The Religious Freedom Restoration Act, which took effect July 7, puts in place a "strict scrutiny" legal rule that makes it easier for people claiming a law or ordinance violates their religious beliefs to win their cases. The bill, H.B. 1598, passed the Tennessee General Assembly in June with little notice and was signed by Democratic Gov. Phil Bredesen on July 1.
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Community Thoughts: There are 5 comments posted | Reverse Sort |
| Double Edged Sword | Sep 12th. at 1:15:46 pm EDT
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Terry (Irvington, Virginia) - Email Me

This is, as some of the article details in vague terms describe, an attempt to fix an abuse by the US Supreme Court and Rehnquist in a 1990 Native American case about Unemployment Compensation and wrongful termination for off the job participation in tribal peyote rituals. Congress tried patching around that in 1993 (warped conditional exemption from drug laws for such rituals) and 1994 (RFRA, and 3 year pissing contest where Rehnquist said Congress couldn't undo his erasure of select 1st Amendment rights in a Catholic church historic district zoning fight) , leaving states to locally choose whether to implement local equivalents of the traditional Federal mandate of legal "strict scrutiny" standards for religious Free Exercise.
The Tennessee legislature's site to find actual Bill text is a bit more tricky than most (as opposed to executive summaries that are a poor substitute for legislators reading the actual Bill) , but that's located here:
[Web LINK]
Note how for the most part this Bill is a fairly typical "mini-RFRA" (state only attempt to simulate pre-Rehnquist US Constitutional Free Exercise provisions) . However, it does have a couple of twists, beyond the affirmative defense to rights violations by overbroad criminal laws, and civil process to limit or overturn laws that violate religious rights.
It did not pass without this amendment, apparently intended to favor select types of religions:
"AMENDMENT #1 specifies that this bill will not create or preclude a right of any religious organization to receive government funding or other governmental assistance, or of any person to receive government funding for a religious activity."
Also, instead of allowing for attorney's fees to victims only as in some other states, this law intimidates many suits by both a prevailing party fees clause that can be used to bankrupt legitimate rights victims if they encounter biased courts, or in theory deserve to win but fail to jump the legal hoops adequately for a given judge.
In theory, it's desirable to have such laws, as they offer legal process to enforce core civil rights. In practice, whether this law is used to protect or abuse civil rights depends on the skills and willingness of qualified litigants to use it, and on the honesty or prejudices of courts and their handling of both legal process and fact.
Find More info -- HERE
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| As Said, | Sep 12th. at 10:11:20 am EDT
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Avagdu (Independence, Missouri) - Email Me

it is a way to continue to discriminate. It will probably blow up in their faces, at some point, but it's a shame that they (some) , feel the need to put their beliefs above others and do it by enshrining laws to "protect" themselves.
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| ... | Sep 12th. at 4:32:59 am EDT
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Draken (Bronx, New York) - Email Me - Web

All or none, TN.
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| Was Thinking .... | Sep 12th. at 2:40:00 am EDT
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Emerald Tiger (Jamestown, North Dakota) - Email Me

... the exact same thing.
When they try to pass laws to put the playing field on a level that they like. ... it usually ends up blowing up in their faces.
DId you HAPPEN to notice the sponsering party of the bill and those that commented?
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| Here We Go Again.... | Sep 12th. at 12:56:10 am EDT
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nasionnaich (Stanchfield, Minnesota) - Email Me

It looks to me like the new Tennessee law is designed primarily to help Christians do what they want.
Quote: "As an example of why it is good to have such a law on the books, Lynn cited a school in her district that required children to cover up the word 'God' on signs they brought to a function on school grounds. The signs had statements such as 'in God we trust,' she said."
Let's all sit back and wait for this law to bite those Christian Fundies right in the Gluteus maximus, when it become excruciatingly clear that it WILL be applied equally to ALL religious beliefs.
Anyone got the popcorn?
--nasionnaich
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