Saturday, July 11, 2009

Sotomayor, Religion, and Homosexuality = Fumbled Facts

The Volokh Conspiracy Blog tears apart an article on CNSNews.com, which has a headline "Sotomayor Supported Censoring Biblical Verse on Homosexuality from New York City Billboard."

A billboard was put up in Staten Island that said:
Word on the Street
4 WAYS TO SAY LEVITICUS 18:22
THOU SHALL NOT LIE WITH MANKIND AS WITH WOMANKIND: IT IS ABOMINATION (KING JAMES)
YOU SHALL NOT LIE WITH A MALE AS WITH FEMALE: THAT WILL BE LOATHSOME (JAMES MOFFAT)
DO NOT LIE WITH A MAN AS WITH A WOMAN: IT IS DETESTABLE (BERKLEY VERSION)
HOMOSEXUALITY IS ABSOLUTELY FORBIDDEN FOR IT IS AN ENORMOUS SIN (LIVING BIBLE)
I AM YOUR CREATOR
The billboard was taken down fairly quickly after the Staten Island Borough President sent a letter to the company that owns owns the billboard. The religious organization then filed suit for violations of free speech, free exercise, and the establishment clause.

What's shocking is that despite the headline of the CNSNews article, Judge Sotomayor's panel REVERSED the District Court to hold that the religious organization's free speech MAY HAVE BEEN ABRIDGED. Full details at Volokh Conspiracy blog post, including links to the opinion and detailed analysis.

Incidentally CNSNews stands for Cybercast News Service... funny, I would have guessed Christian News Service.

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