In the military, saying, "I am gay," is conduct. I'm not sure how, "Gay is good," is classified.
>>> [EMAIL PROTECTED] 07/13/03 10:46AM >>> Is "membership" in an organization -- ie: subscribing to the belief in polygamy -- a "conduct" or a "belief." It seems to me it is a belief, since the defendant here had never had more than one wife. -- Paul Finkelman Chapman Distinguished Professor of Law University of Tulsa College of Law 3120 East 4th Place Tulsa, OK 74104-3189 918-631-3706 (office) 918-631-2194 (fax) [EMAIL PROTECTED] Marci Hamilton wrote: > Actually, it was for membership in a polygamous organization. The > Court has been distinguishing belief and conduct in both the speech > and free exercise cases for a very long time. It is a distinction > that has intuitive, common sense appeal, so I would defend it, though > it is not always a perfectly bright line in every case, a fault that > does not doom a doctrinal distinction in my view. > > Marci
