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billh58

(6,655 posts)

24. Semantics.

Reply to leftyohiolib (Reply #19)

Sun Nov 18, 2012, 03:05 PM

Nov 2012

"Separation of Church and State" is a concept which is taken from the Establishment Clause, and was indeed the intent of the Founders.

http://definitions.uslegal.com/s/separation-of-church-and-state/

http://civilrights.uslegal.com/establishment-of-religion-clause/

In this particular case it doesn't appear that there is an "aid or preference" issue for a particular religion, but it could be seen as government imposition on religious freedom (as in the freedom NOT to participate).

The argument that the defendant had the freedom of choice of either going to church or going to jail could also be viewed as a form of coercion.

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Highlight:

Separation of Church and State? Judge sentences teen to 10-years of church for DUI death [View all] RepublicansRZombies Nov 2012 OP

BA of .006? Gidney N Cloyd Nov 2012 #1

That's completely within the discretion of a judge in a court of equity. Laelth Nov 2012 #2

How can a US JUDGE mandate CHURCH legally? renie408 Nov 2012 #9

Exactly. Also What "Church"? Hindi? Islam? Snake Handlers? n/t Yavin4 Nov 2012 #14

i belong to the church of the born again hedonist. i wonder if that counts leftyohiolib Nov 2012 #21

it's not establishing religion the religion is already established. you saying it is doesnt make leftyohiolib Nov 2012 #18

We inherited English common law. Laelth Nov 2012 #22

court mandated ignorance...great bowens43 Nov 2012 #3

This was part of a plea bargain that the kid agreed to. cbayer Nov 2012 #4

oops...try again! renie408 Nov 2012 #8

Yes he can, if the party agrees to that as part of a plea bargain. cbayer Nov 2012 #11

not only can he but he did - the kid could said hell no but he didnt leftyohiolib Nov 2012 #20

This is what is called strange and unusual punishment. vaberella Nov 2012 #5

does it specify what kind of church...? BlueMan Votes Nov 2012 #6

Is Oklahoma even part of the United States still??? renie408 Nov 2012 #7

Uhh, no, we are still one of the united states. CBGLuthier Nov 2012 #25

Community Service would be better HockeyMom Nov 2012 #10

There is no proof that there is a moral advantage to church going- look at the Republicans! RepublicansRZombies Nov 2012 #23

That's going to stop him from drinking - magical thinking treestar Nov 2012 #12

I wonder if this could be appealed on the grounds that Skidmore Nov 2012 #13

i have one ... leftyohiolib Nov 2012 #19

Semantics. billh58 Nov 2012 #24

Would someone object Prometheus_unbound Nov 2012 #15

Ugh. Attending church won't help this kid with his substance abuse riderinthestorm Nov 2012 #16

This should definitely not be within the judge's purview. malthaussen Nov 2012 #17

Are they appealing or letting it stand? hrmjustin Nov 2012 #26