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PaperclipPerfector  7mo ago (text post)   2743 thread views

Small-Scale Question Sunday for October 15, 2023

Do you have a dumb question that you're kind of embarrassed to ask in the main thread? Is there something you're just not sure about?

This is your opportunity to ask questions. No question too simple or too silly.

Culture war topics are accepted, and proposals for a better intro post are appreciated.

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Doesn’t seem any less defensible than mescaline or ayahuasca. Which is to say—federally allowed, state ambiguous.

I wish it was easier to search cases-by-law-cited. I want to know if Kentucky’s RFRA has been used for anything other than defending Christian practice. Or even that.

Government shall not substantially burden a person's freedom of religion. The right to act or refuse to act in a manner motivated by a sincerely held religious belief may not be substantially burdened unless the government proves by clear and convincing evidence that it has a compelling governmental interest in infringing the specific act or refusal to act and has used the least restrictive means to further that interest. A "burden" shall include indirect burdens such as withholding benefits, assessing penalties, or an exclusion from programs or access to facilities.

I want to know if Kentucky’s RFRA has been used for anything other than defending Christian practice. Or even that.

It's been cited for everything from COVID closures to the Kim Davis gay marriage case to abortion, though I don't think any have been productive. Baker v Hands On Original was more of a first amendment case than RFRA-specific, but it did cite the state RFRA at length, so that's one successful use.

That said, the law was motivated in part by a Gingerich v Commonwealth, a case about Amish rejection of road safety signage, which... is not at least the typical things people think of as Christian religious practice.

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