lawgator1
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He's somewhat correct. Most AA stuff has Christ involved.
it's not making anyone go to church.
I agree. if there is an option it isn't technically "making" you go to church. YOu don't have to go, you can go to jail like everybody else.
Not saying it's a good option, but I don't think it's unconstitutional. The only issue is that there aren't other religious congregations in town... so it clearly favors Christians.
A lot of those programs say you should seek help from a higher power, and for some that's Christ. But they've strived hard not to force that since the higher power can literally be anything.
The reason you are incorrect is that the law recognizes that sometimes what appears to be a "choice" really isn't. Its the same thing with school prayer. You tell the 6 year old Muslim kid he doesn't have to say a prayer, but come on, in the school setting that's incredibly stigmatizing and pressure-laden.
This is far worse. Saying, well, got to jail for a month or go to church once a week for a year, its coercion.
1) You can't have the judiciary order people to go to church;
or in the alternative 2) You can't tell people they are going to go to jail unless they go to church;
WITHOUT VIOLATING THE SEPARATION OF CHURCH AND STATE. Among other things.
Does the option actually include the phrase "church every Sunday for 52 weeks" or something to that effect? If it does, then yes, it is unconstitutional and showing favoritism to a particular, or in this case a group, of religious sects.
1) You can't have the judiciary order people to go to church;
You are absolutely right. In this case they're not.
or in the alternative 2) You can't tell people they are going to go to jail unless they go to church;
They're not, they have the choice to pay a fine, go to jail, or go to church. They are not throwing them in jail because they are not going to church as you make it out.
WITHOUT VIOLATING THE SEPARATION OF CHURCH AND STATE. Among other things.
Given the above, this is obviously wrong.
Starting this week, under a new program called Operation ROC (Restore Our Community), local judges in Bay Minette, Alabama, will give those found guilty of misdemeanors the choice of serving out their time in jail, paying a fine or attending church each Sunday for a year.