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From: nyssa@abnji.UUCP (nyssa of traken)
Newsgroups: net.legal,net.religion,net.politics
Subject: Re: Violation of separation church and state????
Message-ID: <625@abnji.UUCP>
Date: Thu, 16-May-85 07:13:38 EDT
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Posted: Thu May 16 07:13:38 1985
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>Here is the example.  Here in Colorado, it is against the law to sell liquor
>(and automobiles) retail on Sunday.  Bars and restaurants can sell prepaired
>drinks and whatnot, but you can't buy bottles of the stuff in liquor stores.
>
>I presume that this law is motivated by the Christian sabbath, as I can
>see no other reason behind it (if this isn't the reason behind it, please
>let me know what is).  
>
>Assuming this, Is this not a clear violation of the separation of church 
>and state?  Is S of C & S a basis for constitutionality, is it just custom,
>or does it only apply to laws which seek to restrict religious practices?

The Constitution states something of the nature that the Government will
make no laws respecting an established religion.  (Well, something like
that, its purpose was to allow religous freedom by avoiding a state
religion.)  However, it also passes unspecified rights to the state.
I would be willing to bet that that law was passed when there was a very
strong states rights Supreme Court, and if one of those laws was ever
tested, they ruled that it was up to the states to make those decisions.

As a person, I do not like it at all, and would like to see those kinds
of blue laws overturned.  I do not like being told that I can not do
something because it is a religous day (I am strongly anti-established
religions).  By the same token, I do not like being told that I must
take Christmas Day off, it is not a holiday for me, I can do productive
work then.

The only way to challenge this law is to get some vendor to open on 
Sunday, and when the state tries to close him, take it to court,
claiming that the law respects and established church.  Get some
legal help from the ACLU.

PS. I also agree with churches being automatically tax exempt.  If they
are non-profit, let them prove it, if they are running a profit, let it
be taxed like any other corporation.
-- 
James C Armstrong, Jnr.   ihnp4!abnji!nyssa

The Boss gave me one of these, ten seconds, he said.  Let's see
if it works...