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Xithras

(16,191 posts)
7. The state can "claim" anything they want.
Wed Feb 26, 2014, 02:11 PM
Feb 2014

The law permits the exemption to be used as a defense against prosecution. Under the verbiage of the law, you merely need to prove that A) Your nudity is part of a genuinely held religious belief. And B) that the states compelling governmental interest is NOT real. Note that the law says "Governmental Interest" and not "Public Interest". Using those words, the state would be forced to prove how your nudity negatively impacts the government.

I suspect that the government could easily make the case in a polygamy accusation (protecting the interests of children), but I think the argument for banninglegalized nudity and other things that don't cause direct harm to the government or to others would be MUCH harder to make.

Statutory laws, including public indecently laws, were explicitly and clearly included in the scope of the new law.

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