Krazy Kansas Gov Brownback has signed into law a bill directing the
courts how they can conduct their business. He alone has deemed it illegal for
the courts to consider a person’s culture, traditions or religious practices
when a legal conflict arises.
Of course, they learned from Oklahoma’s mistake NOT to name specifically
sharia law but that is what this law is aimed at – the Muslims. As soon as they get them out of the way, look
out Jews, they’ll be coming for you! I
can see the rather rigid practices of the Hasidic Jews next up on the chopping
block.
If this trend of allowing the rabid right-wingers to get their little
toeholds into our legal system without challenge continues it is feasible that
the Krazy Kristian Koalition will eventually strong arm their way to forcing
this nation into a religious totalitarianism.
In North Carolina, the state senate is dominated by GOP members which is
how not only the so called marriage amendment got on the ballot but it got on
the PRIMARY ballot not the GENERAL ELECTION ballot in Nov. They knew they had a
good chance of pushing it through on the primary since only about 1% of
eligible voters vote in primaries. They
also knew if it was on the ballot in Nov it most likely would have been
defeated.
Other states are pushing through laws both unconstitutional and punitive
toward women. Women haven’t fought hard enough against unequal treatment and
injustice, no they want us to step back 100 years and do it all over again.
I can only hope the people are
sick enough of this putrid crap to make some intelligent decisions when
November rolls around – but I’m not holding my breath!
Well, aside from that whole "unconstitutional" issue (let's just let the courts parse out the meaning behind "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof," shall we? Wouldn't be the first time the Constitution has been extended to state laws...), I actually support the Kansas law.
ReplyDeleteYes, this law is directed at sharia law (which is pretty goddamned silly, making laws about things that have never happened), but look at all the entirely non-Islamic things it prevents:
1. If a child dies because his Christian Scientist parents pray instead of taking him to a doctor, their religion can't be used as a defense.
1a. Kid dies from "faith healing"? Lawsuits and criminal prosecutions all around!
2. If a straight man beats up a gay man, nobody gets to pull out the Bible and claim that as a defense.
3. Animal sacrifice (like in Santaria) is gone.
4. Honor killings (often Islamic, but let's not forget things like this)? Out the window.
5. Prayer in schools? Whoops.
6. Thinking about shooting an abortionist (pretty thin on the ground in Kansas, admittedly) or bombing Planned Parenthood? Your lawyer's going to have a bad time with it.
There's others, but those a the examples off the top of my head. It's actually a good thing, even if Brownback is doing it for all the wrong reasons.
Nameless, this is not a good thing and I have to disagree with you. As Rocky points out, what we have here is an unholy mixing of church and state. Most of the offenses in your list are not protected by a defense of "my actions were based on my religious belief." Religious beliefs may be raised as an affirmative defense but there is no guarantee that such defenses will be successful.
ReplyDeleteReligious belief has never been recognized as a viable affirmative defense in a murder case whether it's shooting personnel at an abortion clinic or honor killings. Publicly led group prayer is already not allowed in public schools. Pulling out a Bible has never been accepted as an affirmative defense to excuse someone for engaging in assault for any reason.
What this law does do is mix church and state; it establishes the precedent of government prohibiting the free exercise of religion. It opens the door for employers forbidding the wearing of any clothing related to an employee's religion or culture, to prohibiting employees from using their break time to carry out requirements of their faith. This law would prohibit a conscientious objector from raising his or her religious beliefs as a basis for objecting to compulsory military service should the draft ever be reinstated.
The Constitution is not a document to be trifled with, it is the underpinning of our entire legal system. Perhaps this usurpation of the anti-establishment clause may lead to results that some may find desirable but once you open the door to government interference in the liberties expressed in the Bill of Rights, then that door cannot be closed and the precedent has been established for the continued erosion of civil liberties.
I think that Rocky sums it up well, If this trend of allowing the rabid right-wingers to get their little toeholds into our legal system without challenge continues it is feasible that the Krazy Kristian Koalition will eventually strong arm their way to forcing this nation into a religious totalitarianism.
By the way, state law is always subject to the U.S. Constitution. Well, aside from that whole "unconstitutional" issue (let's just let the courts parse out the meaning behind "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof," shall we? Wouldn't be the first time the Constitution has been extended to state laws...), Even state constitutions are subject to the federal constitution. The challenge to all of the state DOMA laws and the federal DOMA will be under the 14th amendment of the U.S. Constitution.
Valid arguments all. I just find it fascinating that the wording is so broad that it covers all of the Judeo-Christian nonsense that they keep trying to ram down our throats: that whole "Christian Nation" myth. It's not mixing religion and our legal system, it's removing it.
ReplyDeleteWhat is the first defense of any crime involving abortion, whether it's murder or property damage? "Protecting the unborn." Sadly, once religion is taken out of the equation, science steps in to say "No, not so much."
How have the Christian Scientists gotten away with allowing their children to die slow, horrible deaths? "We don't believe God wants us to do that." Same problem.
Governor Brownback may be dumb as a box of hair and evil as a rabid possum, but I think he's stumbled on a good thing to do. Entirely unintentional on his part, but that's the only way he could bring himself to do something that helps people anyway.
Just keep remembering that it explains a lot that the last NC election was almost wholly purchased by the Koch family, and it resulted in the first Republican-controlled Legislature in more than a century, which immediately went to work to change this state into a xtian wasteland.
ReplyDeleteThanks for staying on top of this most important series of developments.
In North Carolina, the state senate is dominated by GOP members which is how not only the so called marriage amendment got on the ballot but it got on the PRIMARY ballot not the GENERAL ELECTION ballot in Nov. They knew they had a good chance of pushing it through on the primary since only about 1% of eligible voters vote in primaries. They also knew if it was on the ballot in Nov it most likely would have been defeated.