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Author: Foolferlove Big red star, 1000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 444106  
Subject: Re: The Alabama "Moore" case Date: 11/20/2002 11:58 AM
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Here's a link to the full opinion, it's lots of pages, but it's a quick read for those with interest:

http://www.almd.uscourts.gov/opinions/index_of_opinions.htm

Of course, Moore is appealing, and the basis of his appeal is that the court had failed to define "religion", and how can you make a ruling like this without defining religion?

Moore has in the past defined religion as being very very different from faith. He says that religion is the actual way in which we practice our faith. I.e. the prayers, where and how we go to church, the physical actions we take in the practice of our faith. He will claim that in this definition of religion, the placement of his holy rock is not a "law respecting religion" at all. That it places no restrictions on how one might practice their faith.

His strategy is to force the courts to define religion as a practice, not a belief. Then, he can say that it is perfectly all right for the state to endorse or prefer a FAITH OR BELIEF, as long as it doesn't interfere with the practice of religion, again, in his view, the physical actions one undertakes as dictated by one's faith. In this way the 10 commandments does not violate the buddists' or the hindus' religion. Moore could care less if it spits in the face of their "faith". And the atheist? Well, s/he HAS no religion, so it is imposible for there to be a law that restricts it, unless the atheist is physically required to go to church, pray or whatever.

Anyway, that's what Moore is going to argue. As a legal stategy, I'm not sure how effective it will be. I'm not sure he is going to be able to convince the courts that religion can be separated from faith. Then again, a couple of new Bush appointees on the Supreme Court and all bets are off!

Moore is such a loonie fundie. Add this to the fact that he has political and judicial power, and that makes for one hell of a dangerous man.

In Alabama, over 70% of the population calls themselves "born again". Moore has near universal support in this state. Thank god I'm at the U of Alabama-Birmingham, where the majority of the scientists and doctors are progresive, educated and cosmopolitan. There are also some very decent local folk as well.
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