Overflowing With Linkage
I think I’ve stated before that with Facebook available, I don’t have as much of a need to post random links here. I made a promise to myself that I wouldn’t post a status or link to Facebook more than once a day, which keeps my social networking addiction in check. But there are some days when there is just too much good stuff to share and comment on, thus you all get an old school set of bullets.
- There is apparently an upside to the Somali pirates, fishermen in Kenya are doing much better now that illegal commercial fishing trawlers aren’t around.
- My favorite local DC band, Exit Clov, is coming out with their first LP Memento Mori.
- Pictures from a Star Wars burlesque show, you will not find a more sexy hive of scum and villainy.
- I know none of you are going to read this, but here is some interesting insight into how and why the jurors who recently decided a patent infringement case against Microsoft made their decisions.
- As for the recent Mark McGuire revelations, oh wait, I don’t care.
The bench trial (i.e. no jury, only before a judge) regarding Prop 8 has started in the Northern District of California before Judge Vaughn Walker. On the thought of same-sex marriage, here is what an interesting thought which has been kicking around my head for a while (and forgive me if I’ve posted this here before). What happens when someone starts a SSM church (or synagogue, or mosque, or temple)? This hypothetical church is completely identical to a Protestant church across the street, EXCEPT that it includes gay marriage as one of its sacraments, as one of the CORE TENANTS of their interpretation of the Christian faith. What then? The Freedom of Religion and Establishment Clauses in the First Amendment suggest to me that the SSM marriages would have to be recognized. As I understand it, a judge is not allowed to evaluate the merits or truth of one’s belief, only the sincerity. So the courts could not strike it down, and any State legislation to oppose the church from performing SSM would be unconstitutional. There has to be something I’m missing from my understanding of U.S. Constitutional Law, because it can’t be that simple to legalize SSM… unless IT IS that simple and this is simply a matter where no one has done this yet.
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Comments
It would seem by that same line of thought one could found a church with polygamy yes? I’m not promoting the idea I’m just saying.
Posted by: Cannon | January 13th, 2010 01:10
Tenets. Not tenants.
The only tenants of a faith that I know of are the ones who rent flats at Vatican City.
Posted by: orangejello | January 14th, 2010 20:48
I think one could make the argument for polygamy. My high school U.S. History was a while ago, so I don’t recall if Washington DC ever tried to force the Utah Territory to outlaw polygamy. They simply resorted to political pressure to have Utah conform to social norms.
And yes, tenets not tenants. Thank you.
Posted by: changston | January 15th, 2010 06:32
Further reading finds it is state and federal law that outlaws polygamy although in certain states its enforcement is lax (UT and CO).
Posted by: Cannon | January 15th, 2010 22:54
But the question become has any CHURCH (with judicial standing) challenged the law on First Amendment grounds? I’m pretty sure any court would find a way to avoid the constitutional issue.
Posted by: changston | January 16th, 2010 10:44