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Adamah,
I appreciate you freely sharing your views, and respect that you disagree with what you understand of my remarks. But from what you write I’m unconvinced there is a meeting of the minds between us two regarding what I’ve said.
You comment very well about legal concepts, constructions and concerns, and I agree with those. Yet an important feature of what I’ve repeated goes unaccounted for in your review of my remarks.
Everything I’ve suggested that can be dealt with legislatively is precisely to avoid the targeting of any particular religion and for sake of a sovereign state’s citizenry at large.
In particular, you write, “Instead, only laws that apply to ALL citizens and are in the public interest (such as anti-polygamy laws, which obviously effect Mormons, as well) will withstand SCOTUS scrutiny.” This is another way of saying precisely what I’ve said, which is why I conclude our minds have yet to meet in this discussion. But then, that’s what discussion is useful for; a meeting of minds; if not sooner then later.
Because I have an idea rather than a rough draft of legislation does not mean I’m unable to articulate the idea with words. It only means the idea I can convey in words is not something I’ve attempted to construct into legislative language.
Contemporary western governments can and have delved into harms caused by religious speech when that religious speech presented a danger to a nation’s sovereign status. This is why no religion in the United States can openly induce its members to refuse conscription during war. This legal construction did not occur because all religions were engaged in the practice. It was formed because one or more were engaged in the practice and it was in conflict with state sovereignty. Hence laws were passed that made it illegal for anyone—including any and all religions—to engage the practice.
Religious speech has limits. The limit is the point at which a particular piece of speech is demonstrably a threat to a state’s sovereignty, and a state’s sovereignty begins with citizenry. Hence protecting the citizenry from harm ranks religious speech, no matter the particular religion.
If the only thing that changes is how Watchtower is able to spew its religious rhetoric about associating with “unrepentant sinners” there is opportunity for improvement because I don’t see how the circumstance could be worse than it already is.
Marvin Shilmer