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

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  •  Anything can be willfully misconstrued... (0+ / 0-)

    as your comment proves quite nicely. Let's take a look at where you went off the rails.

    First, you seem to have some trouble with the difference between an individual engaging in secular and religious activities and between the actions of individuals and governments. As I said, the individual's right to religious expression is guaranteed and this is not germane to their secular activities. What you reply with is an example of an individual being specifically denied something by law on the basis of religion, the very thing my statement clearly rejects. The government could bar that individual from acting as, for instance, a doctor because he refuses to get a medical license (a secular reason for denying him access to a secular business) without him being able to raise a religious objection because that would inherently not apply to the secular activity being denied or the secular reason for denial.

    Second, just because you are not aware of the special incorporation status of religious 501(c)3 corporations (which all religious organizations and their non-profit charitable arms are) does not mean it doesn't exist. This type of incorporation specifically denies to the religious organization such things as the right of direct political action and advocacy (just ask any church that's had it's incorporation converted to for-profit status and lost the privileges of the 501(c)3 religious designation, like the limitations on federal audits and exemption from filing Form 990 financial statements, how well that went for them.) Most states also have special privileges for religious organizations that even other non-profits do not enjoy. For instance, here in Pennsylvania, religious non-profits are exempt from the filing requirements that other non-profits (except very small ones) must obey:

    Who is exempt from filing an Institution of Purely Public Charity Registration Statement?

    The only two exemptions from the Institutions of Purely Public Charity Act are:  1) Bona fide, duly constituted religious institutions and such separate groups or corporations that form an integral part of a religious institution and are exempt from filing an annual IRS 990 Return, and 2) an institution of purely public charity that receives contributions of less than $25,000 per year provided that the institution's program service revenue does not equal or exceed $5,000,000.

    So, in fact, religious incorporation does carry very special privileges that no other form has.

    On the final point, there is a clear distinction in all incorporation laws that separates (as I pointed out above) secular for-profit corporation from religious non-profit one for many purposes. For-profit entities have been denied several constitutional rights that have to do with things inherently human in nature (5th Amendment rights, for instance, which have never successfully been advanced by a for-profit corporation.) Not only that, but even case law confirming the right of explicitly religious non-profit corporations to certain elements of the right of conscience have also confirmed that such rights do not apply to for-profit entities, especially Corp. of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Amos (1987).

    While you are passionate in your attempt to wedge in more rights for corporations under the guise of "religious freedom" or whatever other cloak is convenient, you really need to learn a bit about the law (and not make statements in counter-argument like "I am not aware of any..." since they only prove your ignorance rather than actually refute anything) before you try to argue with someone who does.

    Strategy without tactics is the slowest route to victory, tactics without strategy is the noise before defeat. Sun Tzu The Art of War

    by Stwriley on Thu Mar 27, 2014 at 08:06:29 PM PDT

    [ Parent ]

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