Posted: Tue Nov 09, 2010 4:22 pm
Greecepwns, did you notice none of the women in your sample wore head coverings? I did.
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bedub1 wrote:i finally figured it out....when religion trumps the courts.
I heard of this religion thats serves alcohol (wine) to EXTREME minors. I saw some grade-schoolers partaking the other day.
Oh wait, no, it was actually BLOOD. lol
I'm not sure where I am on this law, because I don't understand the law. I don't want women get stoned or husbands honor killing them etc, but they still need their freedoms etc.
What about rape? I think this case stems from a rape case, where a muslim man raped his muslim wife. Which under US law is rape. But under muslim law there is no such thing as a husband raping his wife. It couldn't ever happen because they are married and there is no such thing as rape between husband and wife.
PLAYER57832 wrote:Hint: religious law DOESN'T trump the courts. It only comes into play when both parties have agreed to abide by it and come to the court to settle a dispute. OR when there is a contract involving agreements in other countries that are bound, at least in part, by religiuos law.
Night Strike wrote:PLAYER57832 wrote:Hint: religious law DOESN'T trump the courts. It only comes into play when both parties have agreed to abide by it and come to the court to settle a dispute. OR when there is a contract involving agreements in other countries that are bound, at least in part, by religiuos law.
If the parties agreed to abide by religious laws, why are they using the US courts to settle their differences? I thought the church and state were supposed to be separate?
Night Strike wrote:Furthermore, states can't have dealings with other countries, so international disputes are supposed to go directly to the federal courts. Since this is a state law that only affects state courts, it has no bearing on those contracts.
PLAYER57832 wrote:Night Strike wrote:PLAYER57832 wrote:Hint: religious law DOESN'T trump the courts. It only comes into play when both parties have agreed to abide by it and come to the court to settle a dispute. OR when there is a contract involving agreements in other countries that are bound, at least in part, by religiuos law.
If the parties agreed to abide by religious laws, why are they using the US courts to settle their differences? I thought the church and state were supposed to be separate?
Most examples involve marriage.
Some involve things like labeling foods "kosher", etc. There is far more overlap than one might initiall think, and with very good reason.
Night Strike wrote:PLAYER57832 wrote:Night Strike wrote:PLAYER57832 wrote:Hint: religious law DOESN'T trump the courts. It only comes into play when both parties have agreed to abide by it and come to the court to settle a dispute. OR when there is a contract involving agreements in other countries that are bound, at least in part, by religiuos law.
If the parties agreed to abide by religious laws, why are they using the US courts to settle their differences? I thought the church and state were supposed to be separate?
Most examples involve marriage.
Some involve things like labeling foods "kosher", etc. There is far more overlap than one might initiall think, and with very good reason.
So you're now saying it's good that church and state mix? You've frequently stated that all my support for religious presence in the government is a desire for a theocracy, but now you say the courts get involved with religion for good reasons. So which one is it as they are mutually exclusive?
Juan_Bottom wrote:In cases of religion trumping law, there was a case in Wisconsin a while back where the Amish took their kids out of school. They fought all the way to the Supreme Court and won, almost by a landslide. You can find it if you're interested, I don't feel like Googling.
patches70 wrote:Juan_Bottom wrote:In cases of religion trumping law, there was a case in Wisconsin a while back where the Amish took their kids out of school. They fought all the way to the Supreme Court and won, almost by a landslide. You can find it if you're interested, I don't feel like Googling.
Homeschooling is legal in all 50 states. And the case you are referring to is Wisconsin vs Yoder.
Three Amish students from three different families stopped attending New Glarus High School in the New Glarus, Wisconsin school district at the end of the eighth grade, all due to their parents' religious beliefs.
Justice William O. Douglas, who dissented in part, wrote:
"I agree with the Court that the religious scruples of the Amish are opposed to the education of their children beyond the grade schools, yet I disagree with the Court's conclusion that the matter is within the dispensation of parents alone. The Court's analysis assumes that the only interests at stake in the case are those of the Amish parents on the one hand, and those of the State on the other. The difficulty with this approach is that, despite the Court's claim, the parents are seeking to vindicate not only their own free exercise claims, but also those of their high-school-age children.... On this important and vital matter of education, I think the children should be entitled to be heard. While the parents, absent dissent, normally speak for the entire family, the education of the child is a matter on which the child will often have decided views. He may want to be a pianist or an astronaut or an oceanographer. To do so he will have to break from the Amish tradition. It is the future of the students, not the future of the parents, that is imperiled by today's decision. If a parent keeps his child out of school beyond the grade school, then the child will be forever barred from entry into the new and amazing world of diversity that we have today. The child may decide that that is the preferred course, or he may rebel. It is the student's judgment, not his parents', that is essential if we are to give full meaning to what we have said about the Bill of Rights and of the right of students to be masters of their own destiny. If he is harnessed to the Amish way of life by those in authority over him and if his education is truncated, his entire life may be stunted and deformed. The child, therefore, should be given an opportunity to be heard before the State gives the exemption which we honor today."
Juan_Bottom wrote:
http://en.wikipedia.org/wiki/Wisconsin_v._YoderThree Amish students from three different families stopped attending New Glarus High School in the New Glarus, Wisconsin school district at the end of the eighth grade, all due to their parents' religious beliefs.
The children's welfare and want weren't even an issue.Justice William O. Douglas, who dissented in part, wrote:
"I agree with the Court that the religious scruples of the Amish are opposed to the education of their children beyond the grade schools, yet I disagree with the Court's conclusion that the matter is within the dispensation of parents alone. The Court's analysis assumes that the only interests at stake in the case are those of the Amish parents on the one hand, and those of the State on the other. The difficulty with this approach is that, despite the Court's claim, the parents are seeking to vindicate not only their own free exercise claims, but also those of their high-school-age children.... On this important and vital matter of education, I think the children should be entitled to be heard. While the parents, absent dissent, normally speak for the entire family, the education of the child is a matter on which the child will often have decided views. He may want to be a pianist or an astronaut or an oceanographer. To do so he will have to break from the Amish tradition. It is the future of the students, not the future of the parents, that is imperiled by today's decision. If a parent keeps his child out of school beyond the grade school, then the child will be forever barred from entry into the new and amazing world of diversity that we have today. The child may decide that that is the preferred course, or he may rebel. It is the student's judgment, not his parents', that is essential if we are to give full meaning to what we have said about the Bill of Rights and of the right of students to be masters of their own destiny. If he is harnessed to the Amish way of life by those in authority over him and if his education is truncated, his entire life may be stunted and deformed. The child, therefore, should be given an opportunity to be heard before the State gives the exemption which we honor today."