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Utah To Inadvertently Legalize Plural Marriage And Marijuana


tonie

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An attorney from Draper Utah, has proposed a (laughable) bill HB322. This bill will allow discrimination based on sexual orietation as the only prohibited practices are discrimination based on:

 

A) race;

199          (B) color;

200          © religion;

201          (D) sex;

202          (E) pregnancy, childbirth, or pregnancy-related conditions;

203          (F) age;

204          (G) national origin; or

205          (H) disability.

 

This bill also has a religious freedom section. This religious freedom section prohibits the government from:

 

 63G-19-104. Prohibitions on actions -- Compelling interest and individual

 

555     protections.

556          (1) Except in the most limited circumstances, no law, regulation, ... may substantially

558     burden a person's religious liberty unless the ... political subdivision, ...

559     imposing the burden demonstrates by clear and convincing evidence that:

560          (a) the application of the burden to the person is:

561          (i) in furtherance of a compelling state interest required to protect public health and

562     safety; and

563          (ii) strictly necessary to fulfill a constitutionally recognized and paramount interest of

564     public health and safety; and

565          (b) there are no less restrictive means available to properly achieve and satisfy the

566     narrow public interest.

567          (2) The exercise of religious liberty and recognized protections under this chapter shall

568     not be substantially burdened contrary to this chapter.

 

So the State must show by "clear and convincing evidence" that a anti-polygamy law or religious restriction on marijuana:

 

(i) in furtherance of a compelling state interest required to protect public health and safety; and

(ii) strictly necessary to fulfill a constitutionally recognized and paramount interest of public health and safety; and

(b) there are no less restrictive means available to properly achieve and satisfy the narrow public interest.

 

I am not sure there are "public health and safety" reason for prohibiting plural marriage or religious marijuana use, especially, given that a blanket law against each most certainly isn't the least restrictive means to protect others.

 

Age of consent laws for plural marriage would be the least restrictive means for protecting minors from plural marriage.

 

Driving under the influence laws would be the least restrictive means for protecting the public from religious people who smoke marijuana.

 

Prohibition against importing drugs would also be the least restrictive means from non-religious marijuana use.

 

So lets all support HB322 and be allow the religious to live as God intended, under the law of plural marriage.

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Lol...very interesting argument. The deeply held religious belief argument would blow up in their face over polygamy, except doesn't your State Constitution for bid any legislative attempt to legalize it. As to marijuana, although I expect its use in Utah is as common as everywhere else in the U.S., your political elite would probably avoid leaving the Reefer Madness zone of thinking long enough to consider the implications.

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