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View Diary: Hobby Lobby: Does RFRA violate the Establishment Clause? (263 comments)

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  •  Establishment Clause (2+ / 0-)
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    Teiresias70, JerryNA

    I think the Establishment Clause is really the way to knock out RFRA, once and for all.  It's not the primary thrust of the government's argument, but some amici bring it up.  The best case is Texas Monthly, Inc. v. Bullock: Texas had given a sales tax exemption to anyone publishing religious books and periodicals.  The Court struck it down, finding the law preferenced religion over non-religion, illegally.  

    RFRA gives the religious rights other people lack.  Maybe it could be saved if it involved a substantial burden on any "sincerely held moral belief" or the like, but as it stands, I think it should fall.

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