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

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  •  Nope (0+ / 0-)
    Incredibly shocking (80+ / 0-)
    that Alito would bring up a foreign law to apply to the above case.  Isn't that anathema to conservatives?
    Conservatives do not believe that foreign law should have any precedential force in US law.  For example, a conservative would not consider it relevant to US non-discrimination law that some countries make homosexuality illegal or that others allow same sex marriage.  This is in contract to the liberal wing of the court that has used foreign examples such as the decreasing number of countries that have the juvenile death penalty to argue that the US must also follow such international norms.  (If the pendulum swings and more and more foreign countries start criminalizing homosexual conduct, I look forward to the liberals on the court reconsidering their support for gay rights... NOT).

    However, using a foreign law as an example in a hypothetical - "What would happen if the US enacted a law like this one in country X?" is perfectly legitimate.

    it is truly nauseating that any educated person would seriously consider a legal construct has religious beliefs which can be imposed on others.
    Ah... so you think it is nauseating, for example, that the Catholic Church (which is incorporated as a group of non-profit entities in the US) should is allowed to require that its priests be Catholic and to fire religious officials if they do not follow Catholic doctrine?  

    I don't think your positions are anywhere close to mainstream US jurisprudence.

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