Infected Mushroom wrote:Nanatsu no Tsuki wrote:
Not in this case, it isn't. The intent, due the the history of the country in the treatment of religious minorities is very much on point, and should be taken into consideration here.
What is irrelevant is application because as it has been shown, that has never been applied in any consistent way. Not just that, as soon as you twist secularism to advance an agenda, you lose face.
The probative value (if there is any) of placing heavy emphasis on the intention of the law makers is outweighed by its prejudicial effect. The trier of fact is likely to make the incorrect inference of placing undue weight on the intentions of the lawmakers as opposed to the actual effects of the policy.
And as I've said endlessly, a well-meaning lawmaker can make a terrible policy... and a spiteful lawmaker can make good policy. Intention is not relevant; instead to maximise the probative value of the inquiry, due attention ought to be focused on the actual effects.
And the actual effects, are the upholding of secular values and the creation of an equal, undistorted space for all children.
Again, the France case we are discussing has nothing to do with secularism. Read back. And intent, taking into account the historical evidence and not seeing this in the vacuum you do, does matters.





