Skip to main content

View Diary: Hobby Lobby - SuperPerson (25 comments)

Comment Preferences

  •  Clever but not legally valid (2+ / 0-)
    Recommended by:
    Coneria, Rogneid

    The 13th Amendment bans slavery.  Statutes including RFRA cannot exceed the bounds of the constitution.  Therefore slavery, even for true believers, is not allowed.

    The RFRA of course was only intended to deal with forms of worship (like peyote) that otherwise stepped on law enforcements' toes.  Its expansion here to incorporate third parties (employees) is obviously beyond its intent, but not blatantly unconstitutional.

    •  But here's the thing - (1+ / 0-)
      Recommended by:

      Some Dominionist and Reconstructionists think they have a workaround to the 13th Amendment by using a legal contract between an owner and slave, or as call them employer (or state in some cases) and indentured servant. Here's one here and another, here and of course, this diary.

      They are very serious about it.

      •  They may be serious (0+ / 0-)

        but they are legally off the wall. What the 13th Amendment specifically outlaws is any form of involuntary servitude, whether or not there is a supposed contract for it.

        And while the 1st Amendment free exercise clause could be interpreted as invalidating a statute, it can't be used to invalidate a later Constitutional amendment.

        That is, of course, assuming that the GOP does not win the Presidency in 2016 and does not replace another couple of Supreme Court Justices.

Subscribe or Donate to support Daily Kos.

  • Recommended (123)
  • Community (58)
  • 2016 (45)
  • Elections (37)
  • Environment (35)
  • Media (34)
  • Trans-Pacific Partnership (33)
  • Republicans (31)
  • Hillary Clinton (30)
  • Law (28)
  • Barack Obama (27)
  • Iraq (27)
  • Civil Rights (25)
  • Jeb Bush (24)
  • Climate Change (24)
  • Culture (23)
  • Economy (20)
  • Bernie Sanders (18)
  • Labor (18)
  • Senate (16)
  • Click here for the mobile view of the site