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Originally Posted by Ret10Echo
This is the part that is most difficult to resolve. At what point is there "harm". Much like the term "reasonable" what exactly is reasonable?
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An excellent and extremely valid point. If anyone can show how this policy will cause demonstrable harm, I'd reconsider my support.
However, with the legal restrictions in place and the precedents set by other religious communities who avail themselves of this option, I truly don't see it. A couple of issues have been rightly raised (oppression of women chief among them) and I've explained how I believe controls exist to protect against those concerns.
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The Constitution allows for protection of religios belefs, but also provides for equal protection under the law....well now what law will that be? And at what point is it established that someone is eligible to waive that equal protection?
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The law will be the same law thats been in effect for a long while now. The only difference is that devout Muslims will take advantage of it in the same fashion that other religious communities have.
People waive their rights to certain protections all the time when its to their personal benefit. Voluntary drug testing and background checks to become eligible for certain jobs, for example.
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Again, this makes for the variation by degrees. Immigrants coming to the United States bring their culture, but what if that culture includes specific laws such as Sharia? I believe there is a difference between a cultural moral code and what is perceived as a rule of law that would supercede the U.S. Code.
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Ok, several have talked about Sharia superceding US law. I think we can all agree thats a nightmare and will happen over all of our dead bodies...but, in terms of the policy we're discussing here, its simply not what we're talking about.
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I believe that entry into this country would mean you abide by the established law of the land.
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The civil arbitration option we're discussing
is already the law of the land and has been for a while now. We're not talking about immigrants overrunning American culture. We're talking about Muslims (whether immigrants or not) availing themselves of the same legal options as other religious communities.
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I would venture to guess if you tried to apply American laws in most of the Middle East, that there would be very little consideration of that opinion.
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Thats not in dispute either, but as my mom used to say "I don't judge against the other kids, I judge you against what you should be." The fact that the Middle East has little regard for the rule of law is irrelevant.