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Old Posted Feb 21, 2014, 8:48 PM
nickw252 nickw252 is online now
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Join Date: Dec 2010
Location: North Mesa
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Originally Posted by westbev93 View Post
I'm actually for this bill not because I am in favor of discriminating against anyone, but rather, because it is so incredibly stupid and will backfire (hopefully with hilarious results).

Remember the Goddess Temple prostitution bust a few years ago? The Temple Goddesses (prosecuted as prostitutes) were adhering to their religious beliefs and using sexual healing techniques. Under this bill, the generally applicable prohibition against prostitution would not be enforceable. Polygamy is a part of certain fundamentalist LDS sects. This bill would arguably allow polygamous marriages. And perhaps most ironically, this bill could arguably allow same-sex marriage so long as you practice a religion that allows for same-sex marriage. Rastafarians use marijuana in religious ceremonies (I think), and if so, they arguably have a free pass on using marijuana without State prosecution.

The government can overcome the presumption if it can show that its law is in furtherance of a compelling governmental interest and is the least intrusive way of furthering that interest. With the Temple Goddesses (as an example), the compelling governmental interest against prostitution is public health. But wouldn't it be less intrusive to meet that purpose by requiring condoms? Same-sex marriage was never previously subjected to strict scrutiny because no protected class was involved, but now it arguably could be if your decision to marry is substantially motivated by a religious belief.

Either the Legislators need to listen to their lawyers or they need to hire better ones. Because this bill is full of unintended consequences.
Based on the last few years the Arizona legislature should be renamed to "The Constitutional Lawyer's Full Employment Act."
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