Are Christians A Protected Group Under The Bill Of Rights?
The word "Christian" is not mentioned in the Bill of Rights or the Constitution.
The phrase "protected group" came about after the passage of the Civil Rights Act, which is a socialist concept, and
U.S. federal law protects employees from discrimination or harassment based on sex, race, age, disability, color, creed, national origin or religion. It specifically relates to employment law issues.
Although it is NOT required by federal law, employer policies may also protect employees from harassment or discrimination based on marital status or sexual orientation. However, please note the Civil Rights Act of 64 is inconsistent with the Constitution. I am not going to say there was not discrimination, rather, discrimination persists(ed) due to state and local government participation which was(is) unconstitutional. I challenge anyone here to show me in the Bill of Rights where a group is a "protected class."
On this site there will be a natural dissonance when discussing "protected classes." Group think is dangerous. Any concept that pushes ideas that some group has separate rights from the individual members is pushing Force and slavery. But if one has to think that way (illogically) the only group which is acknowledged here is the smallest group: the individual.
So, if one pushes concepts that are part of a group-think, one will be likely challenged. It will be uncomfortable and there will be push back or ignoring if posts focusing on those issues begin to dominate. That goes for issues Christians are concerned with as well as those concerned with LGBT issues. But just as well for the O who is frustrated the site is not more committed to the study of Objectivism. Focusing on our similarities reduces dissonance. Those similarities should be reason and logic foremost. But all of us have to check our premises at times. Discuss
The phrase "protected group" came about after the passage of the Civil Rights Act, which is a socialist concept, and
U.S. federal law protects employees from discrimination or harassment based on sex, race, age, disability, color, creed, national origin or religion. It specifically relates to employment law issues.
Although it is NOT required by federal law, employer policies may also protect employees from harassment or discrimination based on marital status or sexual orientation. However, please note the Civil Rights Act of 64 is inconsistent with the Constitution. I am not going to say there was not discrimination, rather, discrimination persists(ed) due to state and local government participation which was(is) unconstitutional. I challenge anyone here to show me in the Bill of Rights where a group is a "protected class."
On this site there will be a natural dissonance when discussing "protected classes." Group think is dangerous. Any concept that pushes ideas that some group has separate rights from the individual members is pushing Force and slavery. But if one has to think that way (illogically) the only group which is acknowledged here is the smallest group: the individual.
So, if one pushes concepts that are part of a group-think, one will be likely challenged. It will be uncomfortable and there will be push back or ignoring if posts focusing on those issues begin to dominate. That goes for issues Christians are concerned with as well as those concerned with LGBT issues. But just as well for the O who is frustrated the site is not more committed to the study of Objectivism. Focusing on our similarities reduces dissonance. Those similarities should be reason and logic foremost. But all of us have to check our premises at times. Discuss
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IF the owners of the site told you that your religious ideas were fallacious and prohibited you from writing about them, would they be violating your first amendment rights? No. They could change their rules every day, if they wanted. Your option? Log off. The same is true for any member.
Protected group
A protected group is a group of people qualified for special protection by a law, policy, or similar authority. In the United States, the term is frequently used in connection with employees and employment.
U.S. federal law protects employees from discrimination or harassment based on sex, race, age, disability, color, creed, national origin or religion. Many state laws also give certain protected groups special protection against harassment and discrimination, as do many employer policies. Although it is not required by federal law, employer policies may also protect employees from harassment or discrimination based on marital status or sexual orientation.[1]
Where discrimination on the basis of protected group status is concerned, a single act of discrimination may be based on membership in more than one protected group. For example, discrimination based on anti-Semitism may relate to religion, national origin, or both; discrimination against a pregnant woman might be based on sex, marital status, or both.
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Next let's look at the federal EEOC handbook excerpt that. Covers discrimination. Note that while the phrase religion is used, no specific sect is identified. We can assume by this that there is no difference between christian, Jews, siek or any other faith.
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Religious Discrimination
Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs.
Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group.
Religious Discrimination & Work Situations
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
Religious Discrimination & Harassment
It is illegal to harass a person because of his or her religion.
Harassment can include, for example, offensive remarks about a person’s religious beliefs or practices. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
Religious Discrimination and Segregation
Title VII also prohibits workplace or job segregation based on religion (including religious garb and grooming practices), such as assigning an employee to a non-customer contact position because of actual or feared customer preference.
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The EEOC guide also lists protected classes by category. Religious people who are discriminated against are defined by the following.
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Religion The term "religion" includes "all aspects of religious observance and practice, as well as belief." 42 U.S.C. � 2000e-(j). The EEOC Guidelines state that protected religious practices "include moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views." 29 C.F.R. � 1605.1.
Sincerity of religious belief is an issue for the trier of fact. E.E.O.C. v. Ilona of Hungary, Inc., 97 F.3d 204 (7th Cir. 1997). The statute imposes a duty to "reasonably accommodate to an employee's or prospective employee's religious observance or practice" unless doing so would impose an "undue hardship on the conduct of the employer's business." 42 U.S.C. � 2000e-(j).
Title VII exempts from coverage a "religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities." 42 U.S.C. � 2000e-1(a). Religious discrimination is also not unlawful under Title VII where religion is a BFOQ for the job in question. 42 U.S.C. � 2000e-2(e)(1).
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"My own definition of Socialism, as a policy which aims at constructing a society in which the means of production are socialized, is in agreement with all that scientists have written on the subject. I submit that one must be historically blind not to see that this AND NOTHING ELSE is what Socialism has stood for the past hundred years, and that it is in this sense that the great socialist movement was and is socialistic."
— Ludwig von Mises, "Socialism: An Economic and Sociological Analysis," Preface to the Second German Edition, pages 9-10, or page 20 (Page numbers vary depending on the edition.) [Emphasis added]
I thought that a brief review of the pertinent aamdndmen might be helpful, because I don't see anyplace where the first part of this amendment or the second part, or even the third clause have "slid into the could of antiquity" or some other such nonsense.
The government is expressly forbidden to pass ANY law that limits, forbids, or causes my free religious speech however it's uttered, publicized, distributed, or otherwise desiminated.
If a gay couple can sue a baker over a cake, I'd suggest not telling me that I have no right to proclaim my faith, just as you have the same right to proclaim your non-faith.
Likewise there is no limit found there on the religious person that keeps them from using whatever public media that is available to them. For instance a website. Or a website that is owned by another person who does not object to it's use.or a site to which a member may discuss their faith in a open forum - like the gulch.
It should be noted that I have never used my membership in the gulch like that and have asked the moderators I there was any limitation on religious speech. The reply has always been no. After all, we are supposed to all be seeking the same thing, if I include religion in my life, and you choose not too, big deal - unless you take exception to my faith.
Allow me to once more ask the owners if there is any reason a peaceable member here cannot be a Christian?
I read references to Christians having "damaged" the constitution by their use of it's protections from people who would stiffle their speech as undesirable or harmful speech. Perhaps these would feel the same about the Declaration of Independence where Jefferson most firmly found that the least infringement of religious freedom was enough of a transgression to DEMAND the seperation of America from the religious control of England's crown.
I'd love to jump into the other documents our founding fathers wrote, but my phone is a miserable device for reaserch. When I return home, allow me to update these. And please forgive any typos - the phone is also to blame.
Former U.S. Supreme Court Justice Hugo Black had quite a bit to say on the matter:
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"The establishment of religion clause of the First Amendment means at least this: neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or remain away from church against his will or force him to profess a belief or disbelief in any religion."
— Majority opinion Emerson v. Board of Education 330 U.S. 1 (1947)
"No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or nonattendance."
— Majority opinion Emerson v. Board of Education 330 U.S. 1 (1947)
"No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion."
— Majority opinion in Emerson v. Board of Education, 330 U.S. 1 (1947)
"Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect 'a wall of separation between church and state.' "
— Majority opinion in Emerson v. Board of Education, 330 U.S. 1 (1947)
"The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach."
— Majority opinion in Emerson v. Board of Education, 330 U.S. 1 (1947), last words
"Its first and most immediate purpose rested on the belief that a union of government and religion tends to destroy government and degrade religion."
— On the Establishment Clause of the 1st Amendment
"[The First Amendment] requires the state to be a neutral in its relations with groups of believers and non-believers."
— Lead opinion, Everson v. Board of Education, 330 US 1 (1947)
"In efforts to force loyalty to whatever religious group happened to be on top in league with the government of a particular time and place, men and women had been fined, cast in jail, cruelly tortured, and killed. Among the offenses, for which these punishments were inflicted were such things as speaking disrespectfully of the views of ministers of government-established churches, nonattendance at those churches, expressions of nonbelief in their doctrines, and failure to pay taxes and tithes to support them."
— Emerson v. Board of Education
"We repeat and again reaffirm that neither a state nor the federal government can constitutionally force a person 'to profess a belief or disbelief in any religion.' Neither can constitutionally pass laws or impose requirements which aid religions as against nonbelievers..."
— Torcaso v. Watkins, 1961
http://atheism.about.com/library/quotes/...
None of those grants have helped the country nor solved the immediate problems they were allegedly going to solve when granted. Not only did such grants not solve the immediate problem, but in fact in many cases, worsened the situation and in all cases generated worse problems for the country and those of the following generations of 'protected class' . Nor are any of those grants Constitutional under plain reading or original intent. There are no words nor articles in the original Constitution that permit the government such authority or mandate. In fact, just the opposite was the intent - to prevent or limit the government's ability to form such special citizens or control and direct their social interactions.
As a result of the reduction of the influence of the Christian community in the policies of the country, both real and perceived, and out of envy, many in the Christian community believe that they too should be granted such a status. It's not realistic for them to seek such recognition through legislation (though they've tried) or the courts (though again they've tried). So many have switched to re-interpretation of the Constitution in general and the 1st Amendment in particular in an attempt to gain what the Amendment was included in the Bill of Rights specifically to prevent - government-religion partnerships and preferences.
An additional problem, and again one that the founders were aware of, was that there are only two major religions on earth that have as a major component of their beliefs and instructions from their originators, proselytizing and even forced conversion of others into their religion - Christians and Muslims. As a result they both see other religions and non-believers as threats against their beliefs and desires of controlling the society and cultures around themselves. Through the 1st Amendment, the founders intended that not only did the government not prohibit or get involved in the freedom of the citizen to believe and practice his choice of religion as he saw fit, but also to protect the freedom of the citizen from religion.
The intent of the founders and their wisdom is plain, but has been deeply damaged through the designations and pronouncements of 'special citizens' and 'protected classes'. I fear that any gain the Christian religion could receive by attaining such recognition or new understanding of the 1st Amendment would only further damage the already weakened Constitution and further the goals of the progressives and statists.
First, since this was started as a response to what I said in another thread, allow me to correct my stated position. There IS a stated and special rights given to religious speech. The bill of right opens by giving religious speech a guarantee of freedom from governmental control and freedom in public. The free speech the founders sought was freedom of religious expression, not freedom FROM religious expression.
Now I must get back on the road. I'll check back tonight.
Protected group is an anti-constitutional construct from the civil rights movement.
Used because it is not as inflammatory as the truth would be. The truth being government enforced discrimination.
As anectdotal proof that Christians are not a protected group simply observe how gleefully the media denigrates them. Along with smokers, fat people, and any other group they don't like this week.
Posters here do the same thing, on both sides.
Internet anonymity grants backbones and attitudes many posters would never have face to face. Life in the online world. /shrug
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