rolandson wrote:lemur wrote:
Moving the goal posts. You initially made a legal argument. Now you are making a cultural one, which has no bearing on the interpretation of General Order 1 (which you linked to above). My conclusion remains the same: the presence of Trijicon devices with biblical references on them is not a violation of paragraph 3.l. Nothing short than references to actual cases will convince me otherwise.
Interesting, however I made no argument at all.
You are right. What you wrote fell far far short of the substance required to form an "argument." So I was unjustified in accusing you of having elaborated an "argument". Sorry.
rolandson wrote:
Rather, I merely copied a link to the general order that the DOD presumably used to instruct trijicon to discontinue the aforementioned biblical references and suggested that...well, refresh your memory...
lemur wrote:
That the soldiers be issued equipment that has been willfully marked with religious references falls on the wrong side of separation of church and state.
absent any contractual or statutory authority, clearly trijicon would not be obligated to acquiesce to a request to discontinue the practice or provide the ability to remove the references...yet acquiesce they did.
must have been out of the goodness of their hearts.
This still does not establish that paragraph 3.l of the general orders is what would have compelled Trijicon to discontinue the practice. The very language of 3.l, because it says "proselytizing", and proselytizing includes the activity of
converting people, does not provide the legal basis for compelling Trijicon to remove the biblical references. (Again, if there is case law showing that I'm wrong on this, I'd like to see it.) Ah, but how could they have been compelled to discontinue the practice, if not for paragraph 3.l of the general orders? Well:
1. There
was a contract governing the purchase of those devices. This contract could have provided the legal force necessary to compel Trijicon to act as the DOD wanted. Even without specific clause prohibiting religious references, contract law provides for legal leverage. For instance, if the DOD approved a different design than what was delivered, that's a deviation from the original contract.
2. Sometimes, even if a contract does not compel you to do something a client asks for, it is better to do it and maybe even swallow a substantial penalty, if the consequence of not doing so would be even more disastrous regarding future contracts. That is, even if the law sometimes does not compel you, it is better to do it if you want the relationship to continue.