I wrote, then Neal writes:

> > Actually, Bill, I don't believe it is a valid analogy. One of the 
> > judges
> > who refused to halt SF's gay marriages made a truly valid point: this 
> > is a
> > civil rights issue. Handing out drugs or guns is not.
> 
> Guns are a civil rights issue. Read the Bill of Rights.
> It's right after Amendment One.

I would argue gun ownership is only a limited civil right (in the context 
of the 2nd Amendment's inclusion of a well-regulated militia - which 
several Supreme Courts have ruled makes gun regulation constitutional. 
That's why we have it today.).

> Hey David: if I refuse to pay my state taxes because my money will go 
> to fund abortions, will you defend my rights under the Minnesota 
> Constitution(1), or will you just throw me unto the mercy of the state 
> for exercising my rights of conscience  - while public officials who 
> violate the law and their constitutional authority are not held to 
> account?

The Supreme Court has held abortion (for now) is a limited constitutional 
right. It - unlike gay marriage - has been litigated repeatedly. On the 
other hand, gay marriage - and whether such a civil marriage right flows 
from the 14th Amendment to the Constitution guaranteeing equal protection 
under the law - not been adjudicatd by ANY Supreme Court. As I mentioned 
earlier, SF seeks a court verdict in the context of the constitution 
(California's guarantee of rights, in this case.)

You can certainly withhold your taxes as civil disobedience - many have, 
but you will be doing it in direct contradiction of settled Constitutional 
law, unlike the SF gay marriage folks, who are acting in the absence of 
constitutional guidance. You will be thrown to the mercy of the state - 
as, perhaps, local officials who perform gay marriages will. That's the 
price of civil disobedience, which I referenced before.

My points above were merely to set up my (still unanswered) locally 
specific question: how hospitable is the Minnesota constitution, and since 
Mpls is probably the most likely city to do this, what would be the 
penalties for local officials and how much would this cost the city at the 
state legislature?

David Brauer
Kingfield

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