Monday, February 24, 2014

Strangely, it seems that Arizona is not calling for the immediate consignment of people with funny sexual lifestyles to the "cactus gulag" as yet.

Instead the Arizona Free Exercise law says that if a law of general application substantially burdens the exercise of religion, a strict scrutiny standard - i.e., the standard that applies to the other rights guaranteed by the First Amendment - also applies to Free Exercise.

Quelle Horror!!!!

Here's the text.

Sec. 2.  Section 41-1493.01, Arizona Revised Statutes, is amended to read:
41-1493.01.  Free exercise of religion protected; definition
A.  Free exercise of religion is a fundamental right that applies in this state even if laws, rules or other government actions are facially neutral.
B.  Except as provided in subsection C, government OF THIS SECTION, STATE ACTION shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability.
C.  Government STATE ACTION may substantially burden a person's exercise of religion only if it THE OPPOSING PARTYdemonstrates that application of the burden to the person PERSON'S EXERCISE OF RELIGION IN THIS PARTICULAR INSTANCE is both:
1.  In furtherance of a compelling governmental interest.
2.  The least restrictive means of furthering that compelling governmental interest.
D.  A person whose religious exercise is burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding, and obtain appropriate relief against a government REGARDLESS OF WHETHER THE GOVERNMENT IS A PARTY TO THE PROCEEDING.  THE PERSON ASSERTING SUCH A CLAIM OR DEFENSE MAY OBTAIN APPROPRIATE RELIEF.  A party who prevails in any action to enforce this article against a government shall recover attorney fees and costs.
E.  In FOR THE PURPOSES OF this section, the term substantially burden is intended solely to ensure that this article is not triggered by trivial, technical or de minimis infractions.
F.  FOR THE PURPOSES OF THIS SECTION, "STATE ACTION" MEANS ANY ACTION BY THE GOVERNMENT OR THE IMPLEMENTATION OR APPLICATION OF ANY LAW, INCLUDING STATE AND LOCAL LAWS, ORDINANCES, RULES, REGULATIONS AND POLICIES, WHETHER STATUTORY OR OTHERWISE, AND WHETHER THE IMPLEMENTATION OR APPLICATION IS MADE OR ATTEMPTED TO BE MADE BY THE GOVERNMENT OR NONGOVERNMENTAL PERSONS.

1 comment:

Lauran said...

Life isn't difficult enough when you're religious and protected under a Constitution--but it absolutely sucks when you're perverted and have to tolerate their religious protection.

So, leftards, cry me a river.

 
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