More on church/state and Prop. 8 Ruling

As we discussed on Thursday, Judge Walker did not overturn 8 on 1st amendment  grounds, such as church/state or free speech.  However, apropos to Thursday, he also said:

“A state’s interest in an enactment must of course be secular in nature. The state does not have an interest in enforcing private moral or religious beliefs without an accompanying secular purpose.” (p.6)

“…When challenged, however, the voters’ determinations must find at least some support in evidence. This is especially so when those determinations enact into law classifications of persons. Conjecture, speculation and fears are not enough. Still less will the moral disapprobation of a group or class of citizens suffice, no matter how large the majority that shares that view.”  (p.24)

Oh, and there’s been a mosque inside the Pentagon for years!  It’s almost as if the freak-out about the “ground-zero mosque” was a cynical effort to whip up the conservative base 2 months before a low-turnout election…

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