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	<title>Comments on: Is this discrimination?</title>
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	<link>http://donklephant.com/2006/10/05/is-this-discrimination/</link>
	<description>Big Teeth. Huge Ass. Surprisingly Reasonable.</description>
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		<title>By: Jim S</title>
		<link>http://donklephant.com/2006/10/05/is-this-discrimination/comment-page-1/#comment-82046</link>
		<dc:creator>Jim S</dc:creator>
		<pubDate>Sat, 07 Oct 2006 05:23:53 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/10/05/is-this-discrimination/#comment-82046</guid>
		<description>Too many years ago to contemplate I was struck by what I considered to be the injustice of the Blue Laws. In civics class they provided as an example some Jewish shop owners who challenged a Blue Law because it forced them to close on the Christian Sabbath as well as on their Sabbath. They lost. I was just astounded. I didn&#039;t believe that any reasonable person could think that forcing people to close their business on the Christian Sabbath could not be an Establishment issue.</description>
		<content:encoded><![CDATA[<p>Too many years ago to contemplate I was struck by what I considered to be the injustice of the Blue Laws. In civics class they provided as an example some Jewish shop owners who challenged a Blue Law because it forced them to close on the Christian Sabbath as well as on their Sabbath. They lost. I was just astounded. I didn&#8217;t believe that any reasonable person could think that forcing people to close their business on the Christian Sabbath could not be an Establishment issue.</p>
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		<title>By: DosPeros</title>
		<link>http://donklephant.com/2006/10/05/is-this-discrimination/comment-page-1/#comment-81943</link>
		<dc:creator>DosPeros</dc:creator>
		<pubDate>Fri, 06 Oct 2006 21:51:32 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/10/05/is-this-discrimination/#comment-81943</guid>
		<description>&lt;blockquote&gt;And for your own safety, *never* come to Texas and say they should get rid of high school football. You will be on the business end of the result of legal conceal-carry.&lt;/blockquote&gt;

Inbreds.  Note to self:  The scariest place on the planet has to be a Walmart in Texas.</description>
		<content:encoded><![CDATA[<blockquote><p>And for your own safety, *never* come to Texas and say they should get rid of high school football. You will be on the business end of the result of legal conceal-carry.</p></blockquote>
<p>Inbreds.  Note to self:  The scariest place on the planet has to be a Walmart in Texas.</p>
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		<title>By: DosPeros</title>
		<link>http://donklephant.com/2006/10/05/is-this-discrimination/comment-page-1/#comment-81934</link>
		<dc:creator>DosPeros</dc:creator>
		<pubDate>Fri, 06 Oct 2006 21:45:47 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/10/05/is-this-discrimination/#comment-81934</guid>
		<description>Silver - You know not the depths of my moron-ness.  

Brian, I misread NAACP as ACLU, my bad.  You&#039;re right, this isn&#039;t being brought as an Establishment Clause case, but a probably Title 7.  

Wouldn&#039;t it be in the best interest of the NAACP to dispel the whole black/Jew grudge thing?</description>
		<content:encoded><![CDATA[<p>Silver &#8211; You know not the depths of my moron-ness.  </p>
<p>Brian, I misread NAACP as ACLU, my bad.  You&#8217;re right, this isn&#8217;t being brought as an Establishment Clause case, but a probably Title 7.  </p>
<p>Wouldn&#8217;t it be in the best interest of the NAACP to dispel the whole black/Jew grudge thing?</p>
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		<title>By: BrianOfAtlanta</title>
		<link>http://donklephant.com/2006/10/05/is-this-discrimination/comment-page-1/#comment-81885</link>
		<dc:creator>BrianOfAtlanta</dc:creator>
		<pubDate>Fri, 06 Oct 2006 20:15:51 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/10/05/is-this-discrimination/#comment-81885</guid>
		<description>&lt;blockquote&gt;Since when did the ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œwe ainÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t the only onesÃƒÂ¢Ã¢â€šÂ¬Ã‚? become a valid constitutional defense.&lt;/blockquote&gt;
Since when was this a constitutional issue? It&#039;s a contractual issue between the government and the clinic. If there are other clinics which accept funding and are not open 24/7, then that&#039;s a factor in this clinic&#039;s favor indicating that it&#039;s not breaking the terms of the contract.</description>
		<content:encoded><![CDATA[<blockquote><p>Since when did the ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œwe ainÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t the only onesÃƒÂ¢Ã¢â€šÂ¬Ã‚? become a valid constitutional defense.</p></blockquote>
<p>Since when was this a constitutional issue? It&#8217;s a contractual issue between the government and the clinic. If there are other clinics which accept funding and are not open 24/7, then that&#8217;s a factor in this clinic&#8217;s favor indicating that it&#8217;s not breaking the terms of the contract.</p>
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		<title>By: SilverSeraphim</title>
		<link>http://donklephant.com/2006/10/05/is-this-discrimination/comment-page-1/#comment-81881</link>
		<dc:creator>SilverSeraphim</dc:creator>
		<pubDate>Fri, 06 Oct 2006 20:03:07 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/10/05/is-this-discrimination/#comment-81881</guid>
		<description>DP, it&#039;s morons like you who make the rest of us libs look so bad.

If it wasn&#039;t for the &quot;invisible Man beliefs&quot; of the Jews and Christians, we wouldn&#039;t have the weekend as we know it. Think about that the next time you crack open a cool one after bustin&#039; your arse 40+ hours for the Man.

Unless the clinic in question is an emergency clinic, they have no obligation to be open at all hours. Heck, if they so chose, they could keep Sunday hours. Still convenient for people who work Mon-Fri work weeks. 

Being closed on particular day is not imposing one&#039;s beliefs on another. Imposing would be preaching their views while they have the patient in the chair with the drill in their mouth.

And for your own safety, *never* come to Texas and say they should get rid of high school football. You will be on the business end of the result of legal conceal-carry.</description>
		<content:encoded><![CDATA[<p>DP, it&#8217;s morons like you who make the rest of us libs look so bad.</p>
<p>If it wasn&#8217;t for the &#8220;invisible Man beliefs&#8221; of the Jews and Christians, we wouldn&#8217;t have the weekend as we know it. Think about that the next time you crack open a cool one after bustin&#8217; your arse 40+ hours for the Man.</p>
<p>Unless the clinic in question is an emergency clinic, they have no obligation to be open at all hours. Heck, if they so chose, they could keep Sunday hours. Still convenient for people who work Mon-Fri work weeks. </p>
<p>Being closed on particular day is not imposing one&#8217;s beliefs on another. Imposing would be preaching their views while they have the patient in the chair with the drill in their mouth.</p>
<p>And for your own safety, *never* come to Texas and say they should get rid of high school football. You will be on the business end of the result of legal conceal-carry.</p>
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		<title>By: DosPeros</title>
		<link>http://donklephant.com/2006/10/05/is-this-discrimination/comment-page-1/#comment-81706</link>
		<dc:creator>DosPeros</dc:creator>
		<pubDate>Fri, 06 Oct 2006 03:12:13 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/10/05/is-this-discrimination/#comment-81706</guid>
		<description>&lt;blockquote&gt;I think the whole sabbath thing is a red herring - free market means if you arenÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t getting what you want one place you are free to go somewhere else.&lt;/blockquote&gt;

What is &quot;free market&quot; about a federal grant?</description>
		<content:encoded><![CDATA[<blockquote><p>I think the whole sabbath thing is a red herring &#8211; free market means if you arenÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t getting what you want one place you are free to go somewhere else.</p></blockquote>
<p>What is &#8220;free market&#8221; about a federal grant?</p>
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		<title>By: bwmick</title>
		<link>http://donklephant.com/2006/10/05/is-this-discrimination/comment-page-1/#comment-81646</link>
		<dc:creator>bwmick</dc:creator>
		<pubDate>Thu, 05 Oct 2006 23:11:55 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/10/05/is-this-discrimination/#comment-81646</guid>
		<description>&quot;This is discriminatory. Why should an aethist have to pay their tax dollars to support a clinic that shuts down at an arbitrary time because of their invisible Man beliefs when a non-believer may very well need the clinics services that day.&quot;

My question to all is this. If the operator of a business, no matter what his beliefs, is required to work at the dictated time of those around him is he free or enslaved?  Would it provide less hardship for a service to be closed on a Wednesday, a Tuesday, or a Sunday?  Or should people with federal grants be mantaded to be available 24/7 as the people who payed for the grant money may need them.  I think the whole sabbath thing is a red herring - free market means if you aren&#039;t getting what you want one place you are free to go somewhere else.</description>
		<content:encoded><![CDATA[<p>&#8220;This is discriminatory. Why should an aethist have to pay their tax dollars to support a clinic that shuts down at an arbitrary time because of their invisible Man beliefs when a non-believer may very well need the clinics services that day.&#8221;</p>
<p>My question to all is this. If the operator of a business, no matter what his beliefs, is required to work at the dictated time of those around him is he free or enslaved?  Would it provide less hardship for a service to be closed on a Wednesday, a Tuesday, or a Sunday?  Or should people with federal grants be mantaded to be available 24/7 as the people who payed for the grant money may need them.  I think the whole sabbath thing is a red herring &#8211; free market means if you aren&#8217;t getting what you want one place you are free to go somewhere else.</p>
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		<title>By: DosPeros</title>
		<link>http://donklephant.com/2006/10/05/is-this-discrimination/comment-page-1/#comment-81613</link>
		<dc:creator>DosPeros</dc:creator>
		<pubDate>Thu, 05 Oct 2006 21:25:44 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/10/05/is-this-discrimination/#comment-81613</guid>
		<description>&lt;blockquote&gt;Clearly the separation of church and state has never been interpreted as denying people the right to take a day off (even for religious reasons) when federal money is involved.&lt;/blockquote&gt;

Here we have the government supporting an enterprise which provides services to the public 86% of the time.  The other roughly 14% of the time the government is SOLELY supporting JUDIASM.  Are we going allow courts to use 14% of their walls to display religious icons, 14% of public property to be littered with nativities, crucifixes, exc., 14% of the time in public school to be spent in prayer.  Give me a break.  It is outrageous - pull the plug on this deal. 

BTW, has anyone watched &quot;Friday Night Lights&quot; re: highschool football in Texas -- those students pray a lot...a lot.  If that is an accurate depiction of reality (which I bet it is) I say, pull the plug on high school football in Texas, too.</description>
		<content:encoded><![CDATA[<blockquote><p>Clearly the separation of church and state has never been interpreted as denying people the right to take a day off (even for religious reasons) when federal money is involved.</p></blockquote>
<p>Here we have the government supporting an enterprise which provides services to the public 86% of the time.  The other roughly 14% of the time the government is SOLELY supporting JUDIASM.  Are we going allow courts to use 14% of their walls to display religious icons, 14% of public property to be littered with nativities, crucifixes, exc., 14% of the time in public school to be spent in prayer.  Give me a break.  It is outrageous &#8211; pull the plug on this deal. </p>
<p>BTW, has anyone watched &#8220;Friday Night Lights&#8221; re: highschool football in Texas &#8212; those students pray a lot&#8230;a lot.  If that is an accurate depiction of reality (which I bet it is) I say, pull the plug on high school football in Texas, too.</p>
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		<title>By: Alan Stewart Carl</title>
		<link>http://donklephant.com/2006/10/05/is-this-discrimination/comment-page-1/#comment-81606</link>
		<dc:creator>Alan Stewart Carl</dc:creator>
		<pubDate>Thu, 05 Oct 2006 20:56:26 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/10/05/is-this-discrimination/#comment-81606</guid>
		<description>Clearly the separation of church and state has never been interpreted as denying people the right to take a day off (even for religious reasons) when federal money is involved. The only real question is whether, by taking a day off, the clinic is in violation of the funding agreement. This MIGHT just be a legal thing as Justin posits, but it looks more like a PR thing. It&#039;s much more powerful to accuse someone of being discriminatory than it is to accuse them of violoating a funding agreement. Violating a funding agreement doesn&#039;t get headlines. Religious discrimination, however, gets all of us talking.</description>
		<content:encoded><![CDATA[<p>Clearly the separation of church and state has never been interpreted as denying people the right to take a day off (even for religious reasons) when federal money is involved. The only real question is whether, by taking a day off, the clinic is in violation of the funding agreement. This MIGHT just be a legal thing as Justin posits, but it looks more like a PR thing. It&#8217;s much more powerful to accuse someone of being discriminatory than it is to accuse them of violoating a funding agreement. Violating a funding agreement doesn&#8217;t get headlines. Religious discrimination, however, gets all of us talking.</p>
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		<title>By: Justin Gardner</title>
		<link>http://donklephant.com/2006/10/05/is-this-discrimination/comment-page-1/#comment-81602</link>
		<dc:creator>Justin Gardner</dc:creator>
		<pubDate>Thu, 05 Oct 2006 20:43:40 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/10/05/is-this-discrimination/#comment-81602</guid>
		<description>&lt;blockquote&gt;They shouldnÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t be taking this up with the state human rights division; if they believe the funding rules were violated, they should be taking it up with the appropriate federal agency.&lt;/blockquote&gt;

It may seem that way, but I&#039;ll defer to the lawyers on this one. I&#039;m out of my league.</description>
		<content:encoded><![CDATA[<blockquote><p>They shouldnÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t be taking this up with the state human rights division; if they believe the funding rules were violated, they should be taking it up with the appropriate federal agency.</p></blockquote>
<p>It may seem that way, but I&#8217;ll defer to the lawyers on this one. I&#8217;m out of my league.</p>
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		<title>By: Sean Aqui</title>
		<link>http://donklephant.com/2006/10/05/is-this-discrimination/comment-page-1/#comment-81587</link>
		<dc:creator>Sean Aqui</dc:creator>
		<pubDate>Thu, 05 Oct 2006 20:00:04 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/10/05/is-this-discrimination/#comment-81587</guid>
		<description>&lt;i&gt;WellÃƒÂ¢Ã¢â€šÂ¬Ã‚Â¦if you take federal money then youÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢re playing by a whole new set of rules. &lt;/i&gt;

Agreed. But if those rules don&#039;t require you to be open on Saturdays, then there&#039;s no problem. And as you note, this isn&#039;t discrimination in any case. They shouldn&#039;t be taking this up with the state human rights division; if they believe the funding rules were violated, they should be taking it up with the appropriate federal agency.</description>
		<content:encoded><![CDATA[<p><i>WellÃƒÂ¢Ã¢â€šÂ¬Ã‚Â¦if you take federal money then youÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢re playing by a whole new set of rules. </i></p>
<p>Agreed. But if those rules don&#8217;t require you to be open on Saturdays, then there&#8217;s no problem. And as you note, this isn&#8217;t discrimination in any case. They shouldn&#8217;t be taking this up with the state human rights division; if they believe the funding rules were violated, they should be taking it up with the appropriate federal agency.</p>
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		<title>By: Justin Gardner</title>
		<link>http://donklephant.com/2006/10/05/is-this-discrimination/comment-page-1/#comment-81576</link>
		<dc:creator>Justin Gardner</dc:creator>
		<pubDate>Thu, 05 Oct 2006 19:24:23 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/10/05/is-this-discrimination/#comment-81576</guid>
		<description>Well...if you take federal money then you&#039;re playing by a whole new set of rules. So I have to say that they&#039;re most likely violating the rules and this isn&#039;t discrimination.</description>
		<content:encoded><![CDATA[<p>Well&#8230;if you take federal money then you&#8217;re playing by a whole new set of rules. So I have to say that they&#8217;re most likely violating the rules and this isn&#8217;t discrimination.</p>
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		<title>By: DosPeros</title>
		<link>http://donklephant.com/2006/10/05/is-this-discrimination/comment-page-1/#comment-81573</link>
		<dc:creator>DosPeros</dc:creator>
		<pubDate>Thu, 05 Oct 2006 18:36:01 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/10/05/is-this-discrimination/#comment-81573</guid>
		<description>&lt;blockquote&gt;Surely, there are other clinics in the country which accept federal funding yet shut down at ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œarbitraryÃƒÂ¢Ã¢â€šÂ¬Ã‚? times.&lt;/blockquote&gt;

Since when did the &quot;we ain&#039;t the only ones&quot; become a valid constitutional defense.  

&lt;blockquote&gt;As long as the clinic meets the terms of the funding, thereÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s no conflict.&lt;/blockquote&gt;

I thought the terms of the funding are the issue. 

&lt;blockquote&gt;There are second- and third-shift workers who might need care at 2 a.m. Why should their tax dollars be used to support a clinic that they canÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t access? &lt;/blockquote&gt;

Because most people are asleep at 2:00 am and there is no &quot;Seperation of Sleep and State&quot;.</description>
		<content:encoded><![CDATA[<blockquote><p>Surely, there are other clinics in the country which accept federal funding yet shut down at ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œarbitraryÃƒÂ¢Ã¢â€šÂ¬Ã‚? times.</p></blockquote>
<p>Since when did the &#8220;we ain&#8217;t the only ones&#8221; become a valid constitutional defense.  </p>
<blockquote><p>As long as the clinic meets the terms of the funding, thereÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s no conflict.</p></blockquote>
<p>I thought the terms of the funding are the issue. </p>
<blockquote><p>There are second- and third-shift workers who might need care at 2 a.m. Why should their tax dollars be used to support a clinic that they canÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t access? </p></blockquote>
<p>Because most people are asleep at 2:00 am and there is no &#8220;Seperation of Sleep and State&#8221;.</p>
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		<title>By: BrianOfAtlanta</title>
		<link>http://donklephant.com/2006/10/05/is-this-discrimination/comment-page-1/#comment-81568</link>
		<dc:creator>BrianOfAtlanta</dc:creator>
		<pubDate>Thu, 05 Oct 2006 18:09:29 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/10/05/is-this-discrimination/#comment-81568</guid>
		<description>I agree, Sean. Surely, there are other clinics in the country which accept federal funding yet shut down at &quot;arbitrary&quot; times.</description>
		<content:encoded><![CDATA[<p>I agree, Sean. Surely, there are other clinics in the country which accept federal funding yet shut down at &#8220;arbitrary&#8221; times.</p>
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		<title>By: Sean Aqui</title>
		<link>http://donklephant.com/2006/10/05/is-this-discrimination/comment-page-1/#comment-81563</link>
		<dc:creator>Sean Aqui</dc:creator>
		<pubDate>Thu, 05 Oct 2006 17:45:50 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/10/05/is-this-discrimination/#comment-81563</guid>
		<description>&lt;i&gt;Religious freedom does not mean the right to run your federally funded clinic according to the dictates of your religion.&lt;/i&gt;

It depends. The federal funds are there to help the clinic provide certain health services. As long as the clinic meets the terms of the funding, there&#039;s no conflict.

Or should all clinics that receive such funding be required to be open 24/7? After all, if we&#039;re not going to let them close down for the Sabbath, we shouldn&#039;t let them close down for the night or the weekend, either. There are second- and third-shift workers who might need care at 2 a.m. Why should their tax dollars be used to support a clinic that they can&#039;t access?</description>
		<content:encoded><![CDATA[<p><i>Religious freedom does not mean the right to run your federally funded clinic according to the dictates of your religion.</i></p>
<p>It depends. The federal funds are there to help the clinic provide certain health services. As long as the clinic meets the terms of the funding, there&#8217;s no conflict.</p>
<p>Or should all clinics that receive such funding be required to be open 24/7? After all, if we&#8217;re not going to let them close down for the Sabbath, we shouldn&#8217;t let them close down for the night or the weekend, either. There are second- and third-shift workers who might need care at 2 a.m. Why should their tax dollars be used to support a clinic that they can&#8217;t access?</p>
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		<title>By: DosPeros</title>
		<link>http://donklephant.com/2006/10/05/is-this-discrimination/comment-page-1/#comment-81560</link>
		<dc:creator>DosPeros</dc:creator>
		<pubDate>Thu, 05 Oct 2006 17:21:37 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/10/05/is-this-discrimination/#comment-81560</guid>
		<description>Sean -  This is discriminatory.  Why should an aethist have to pay their tax dollars to support a clinic that shuts down at an arbitrary time because of their invisible Man beliefs when a non-believer may very well need the clinics services that day.  Religious freedom is the freedom to not take federal money and be hampered by the wall of seperation between the state and your invisible man.  Religious freedom does not mean the right to run your federally funded clinic according to the dictates of your religion.  Alas, at least if the government yanks the funding they won&#039;t be able to get a lawyer because...you know...no lawyer is going to take a religious discrimination case with being &quot;entitled&quot; to their attorney&#039;s fees.</description>
		<content:encoded><![CDATA[<p>Sean &#8211;  This is discriminatory.  Why should an aethist have to pay their tax dollars to support a clinic that shuts down at an arbitrary time because of their invisible Man beliefs when a non-believer may very well need the clinics services that day.  Religious freedom is the freedom to not take federal money and be hampered by the wall of seperation between the state and your invisible man.  Religious freedom does not mean the right to run your federally funded clinic according to the dictates of your religion.  Alas, at least if the government yanks the funding they won&#8217;t be able to get a lawyer because&#8230;you know&#8230;no lawyer is going to take a religious discrimination case with being &#8220;entitled&#8221; to their attorney&#8217;s fees.</p>
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