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#251
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As Justice Norris in Watkins v. US Army said: "The Supreme Court has never held that only classes with immutable traits can be deemed suspect. Cf., e.g., Cleburne, 473 U.S. at 442 n. 10, 105 S.Ct. at 3255-56 n. 10 (casting doubt on immutability theory); id. at 440-441 (stating the defining characteristics of suspect classes without mentioning immutability); Murgia, 427 U.S. at 313, 96 S.Ct. at 256667 (same); Rodriguez, 411 U.S. at 28, 93 S.Ct. at 1293-94 (same). I nonetheless consider immutability because the Supreme Court has often focused on immutability, see, e.g., Plyler, 457 U.S. at 220, 102 S.Ct. at 2396; Frontiero, 411 U.S. at 686, 93 S.Ct. at 1770 (plurality), and has sometimes described the recognized suspect classes as having immutable traits, see, e.g., Parham v. Hughes, 441 U.S. 347, 351, 99 S.Ct. 1742, 1745, 60 L.Ed.2d 269 (1979) (plurality opinion) (describing race, national origin, alienage, illegitimacy, and gender as immutable). It is clear that by "immutability" the Court has never meant strict immutability in the sense that members of the class must be physically unable to change or mask the trait defining their class. People can have operations to change their sex. Aliens can ordinarily become naturalized citizens. The status of illegitimate children can be changed. People can frequently hide their national origin by changing their customs, their names, or their associations. Lighter skinned blacks can sometimes "pass" for white, as can Latinos for Anglos, and some people can even change their racial appearance with pigment injections. See J. Griffin, Black Like Me (1977). At a minimum, then, the Supreme Court is willing to treat a trait as effectively immutable if changing it would involve great difficulty, such as requiring a major physical change or a traumatic change of identity. Reading the case law in a more capacious manner, "immutability" may describe those traits that are so central to a person's identity that it would be abhorrent for government to penalize a person for refusing to change them, regardless of how easy that change might be physically. Racial discrimination, for example, would not suddenly become constitutional if medical science developed an easy, cheap, and painless method of changing one's skin pigment." (emphasis added). You can read more of what he says about "immutability" as a small part of the determination of suspect classes here: Watkins v. US Army (you'll have to scroll down to his concurrence). Last edited by Hamlet; 05-10-2012 at 12:04 PM. |
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#252
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Oh, I didn't see that post. Yes, that's stupid.
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#253
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No, the strongest argument is federal jurisprudence and the fact that it's immutable, thus meeting he Footnote Four prongs.
__________________
We begin with level flight. |
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#254
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#255
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It defined the classes entitled to higher protection only as "discrete and insular minorities". In any case, the Court has long since moved on from that definition, since it has made it clear that one need not be a minority under a particular classification to be entitled to heightened scrutiny. Last edited by Really Not All That Bright; 05-10-2012 at 12:23 PM. |
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#256
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Last edited by SteveG1; 05-10-2012 at 03:21 PM. |
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#257
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gamerunknown:
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Polycarp: Quote:
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#259
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That's an...interesting web site, and does some pretty wild etymological gymnastics. They're not entirely wrong, in that the Hebrew word "mishkav" CAN simply mean "bed," but it's entirely dependent on the context. The root "Sh-K-V" means "to lay," i.e., simply being physically horizontal, and is also used as a euphemism for sex. When the context is sexual, which is true of the sections of Leviticus in which the prohibition against homosexual sex is mentioned, the usage of "mishkav" (or in this case, its plural form, "mishkivey") is sexual as well.
The web site in question is very obviously trying to revisit the old texts with a specific agenda, and is, almost comically, trying to out-analyze the Biblical analysts of old (e.g., the Rabbis of the Talmud). Much similar "biblical scholarship" has arisen in this age of homosexual-rights advocacy, but none of it is done with the intellectual rigor that characterizes the intense Bible study - in ALL areas of the Bible, not just one specific area that's a modern popular cause - of those who maintain the tradition. The traditional interpretation is consistent with the context that surrounds it, and a reading of a "type of bed", not at all. |
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#260
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It isn't reasonable, period.
Claiming there's something immoral with wool-linen blends, gays, or eating shellfish is just stupid. Observe these prohibitions in your life if you feel they have value, but if you can't articulate even shred of a compelling secular reason, then you have no case. You have 0 (zero) right to proselytize the bigotry of your god on the rest of us. Quote:
Where's the campaign to ban wool-linen blends? Clearly they're wrong. The bible says so. Quote:
Go at the bible all you want, don't care, but why are you trying to force it on the rest of us? Do we not have human rights to be free of religious persecution? Last edited by The Tao's Revenge; 05-10-2012 at 05:25 PM. |
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#261
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Whoa, they definitely need to use more lube.
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#262
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And of course that charge is especially weak leveled against observant Jews, who are not noted for proselytizing anyway.
__________________
We begin with level flight. |
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#263
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Tao, if Chaim were an evangelical Christian bigot, you would have a strong point here. But are you aware what Orthodox Jews believe are binding on us Gentiles? Five, six, or seven (depending on which source you consult) "Noachic commandments" handed down to Adam, Seth, or Noah. The 631 mitzvoth such as no pork. no shellfish,. no linseywoolsey, forcing a rapist to marryt his victimn, etc.? They're all binding onoly on Jews. And the Noachic commandments? Horribly oppressive thiungs like prohibiting murder. It's the Sometimes, "the Tao which is posted before you is not the Tao which you should read." (Lao-Tse, slightly modified)
Last edited by Polycarp; 05-10-2012 at 09:22 PM. |
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#264
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Although, as I'm sure you're aware, Jews aren't the only ones who keep certain prohibitions. Adventists tend to observe Saturday, and to a lesser extent some Old Testament dietary restrictions, for example. What really frustrates me about Christianity (and other religions I'm sure, but I lack everyday experience with) is the amount of hate I here coming out of it's adherents. Why? I heard the literature growing up. We're supposed to love each other. Why can't we love each other? Why do we have to hate people for being gay? Why can't they have a normal life too? Why do we have to enforce gender roles? Why can't we just let good people follow the gender in their heart? The current prohibitions cause unnecessary suffering. I don't care where whether the human soul is an accident of nature or a divine spark. As long as they don't hurt others people need to be free to follow their nature. I believe this freedom is the core of human rights. It's freedom of conscience, freedom of thought, and speech. A person's mind is their own, no one elses. As is their body. Who they love, that is up to them, and should be respected. Not discriminated against. Not hated for it. |
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#265
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cmkeller, I am sorry for mocking your religion. I was aiming at proselytizers, but that wasn't fair to more tolerant adherents. Last edited by The Tao's Revenge; 05-10-2012 at 09:42 PM. |
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#266
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Anti-gay-marriage Orthodox Jews were crucial swing voters in an upset victory for an anti-gay-marriage Republican in a traditionally Democratic New York district last fall, for example: Quote:
Last edited by Kimstu; 05-10-2012 at 11:02 PM. |
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#268
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"Excuse me, sir, have you heard the good news about Moses!"
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#270
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Is a voter that selects a candidate because of that candidate's race a bigot?
__________________
We begin with level flight. |
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#271
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Is that candidate going to preferentially treat that race in policy?
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#272
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If someone is electing a white man because white men historically haven't had any power in a given society (let's say we're on Mars), and they don't expect this particular white man necessarily to govern better, but they do believe that people tend to listen more to people who look like their own family, and that by electing a white man the poor white people will finally have someone in office who listens to them in the way that green people always have had, they're not necessarily a bigot. There can be reasons for voting for someone based on race without having any preconceived notions about race. If someone selects a candidate because they believe that members of that candidate's race are inherently more qualified than members of another race, then unless we're in Greyhawk where Sun Elves get a +2 to Intelligence, they're a bigot. In any case, I'm not seeing how this question addresses the issue of voting for an anti-gay candidate. If you vote for an anti-black candidate or an anti-male candidate or an anti-disabled candidate or an anti-gay candidate, you're supporting bigotry; and if you cast that vote in order to support bigotry, you're a bigot. That's different from voting for someone based on their own race. Last edited by Left Hand of Dorkness; 05-11-2012 at 12:18 PM. |
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#273
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Race is an irrelevant qualification. I suppose someone voting for Obama because they wanted to see a black person finally become president does not make that person a bigot but I am hard pressed to come up with examples where voting based on race has anything other than a bigoted component to it. |
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#274
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I'm entertained by these attempts to paint bigotry as something other than bigotry. Whack-a-Mole's statement:
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#275
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No you're not. You're entertained by your imagination of liberals, as usual, but your imagination is so divorced from reality that it owes alimony.
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#276
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As far as the little dig, not bad. I'd give it a 4.13. It would be higher except for the logic problem present by implying that there are degrees of divorce and that alimony being granted is a function of those degrees. Fix that and I think I move it up to a 6.5 or 7.0. A level that garners and appreciative chuckle. But please don't be discouraged by that. It's way higher than Luci's average of 1.78. And just look at all the effort he puts into it. |
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#277
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You may be unaware of the magic of the written word. It's able to convey thoughts from one brain to another. When you type idiotic things about how amused you are at things that never happened, those thoughts of yours show up in other heads; fortunately, they're clearly identifiable as the imaginations of a stunted, deluded intellect.
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Last edited by Left Hand of Dorkness; 05-11-2012 at 01:51 PM. |
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#278
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I was in Ohio on business this week. In the lobby of the hotel, four people sitting having coffee were talking about gay marriage - I'd presume this was a response to the President's comments on the matter - and stating, with complete sincerity, that gay marriage would inevitably lead to the legalization of pedophilia and beastiality.
So I can't say the NC vote surprises me. |
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#279
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Yet, I read it, respond to it, and write it. Pretty cool trick, huh? Quote:
Which, I guess, proves you're not an idiot. But, and of this I can assure you, you're not 50% as smart as you think you are. And that dig is not aimed at your intellect, which I'd place as above average, as much as it is as haughty, pedantic tone in just about every thread you participate in. Wait—you're not John Kerry, are you?
Last edited by magellan01; 05-11-2012 at 02:57 PM. |
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#280
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And now, after I put forth a position and defended it, and you made a snotty little content-free response, you turn around and suggest that you were making a direct (and presumably substantive) response to my post and that I'm not arguing for my own post. Thus: insane. If you'd like me not to treat you like an intellectually stunted lunatic, try addressing my argument directly instead of making giggling like a moron at it. Explain what you see as the flaws in my reasoning. Explain why you think that, despite the reasoning I suggested, such a position must necessarily be bigoted. Or you can keep up the imbecilic giggling, because that's a lot easier. I'll understand, and I'll continue to treat you in a way that you see as haughty. Last edited by Left Hand of Dorkness; 05-11-2012 at 03:27 PM. |
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#281
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#282
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My point was simply that, pace Polycarp, it makes no sense to argue that anti-gay-marriage evangelical Christians are the ones trying to force others "to abide by their beliefs" but anti-gay-marriage Orthodox Jews are not. AFAICT, anti-gay-marriage Orthodox Jews as a group are just as much in favor of legally prohibiting same-sex marriage for anybody, because they personally disapprove of it, as anti-gay-marriage evangelical Christians are. I would be happy to be proved wrong about that, mind you, but so far it doesn't look likely. |
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#283
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Straight people makin' bacon, number one cause of gay people. Only cause, so far as we know. So maybe they should knock it off, take up knitting. Yeah, that'll work.
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#284
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The Tao's Revenge:
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Kimstu: Quote:
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#285
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Oh, and I can prove you're not gay. First off, we have your protestations of a crush MeanOldLady, who you have previously identified as female. We have the fact that the only time you've ever proclaimed yourself to be gay is in a hypothetical. We have the fact that, to be relevant to this thread, you would have to be trying to marry a man, which is typically something only gay or bisexual people do. But, most damningly, there have been scientific studies of what goes on in the brain when you are attracted to someone (Google it). It would be simple to set up a test that checked to see if you were more attracted to women or men. Not that this is really important, as the law also prohibits straight men from marrying other straight men. Plus there is no scientific test that can identify what race someone is, so race couldn't fit your criteria either. So your sexuality is irrelevant, and scientific testing is irrelevant. And, finally, insisting that everyone who argues with you has to be a lawyer is just stupid. Don't think we haven't noticed that you define argument as apparently meaning only what lawyers do. Non-lawyers don't know the law well enough to argue with you by your standards. You aren't winning people over with this tactic either. You claim to be wanting to fight ignorance, so you might want to try tactics that work. |
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#286
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Now, that is not to say that there might be real benefits of electing the White Martians. White Martians everywhere might then feel like they have more of a voice and more of a chance in life. And that is a good thing. But it still boils down to you choosing the White Martian for the color of his skin, shell, or fur, or whatever the case may be. In other words, you wouldn't vote for that person if he were of the color of the majority. This is textbook bigotry. The question you're really trying to answer is can racism be justified. And that's the crux of the issue. The problem is that non-whacky conservatives think that it cannot, while not-whacky liberals keep trying to make it happen. Quote:
And you know, if you're gonna write stuff that makes me giggle, I'm gonna giggle. Odd that you find that insane. |
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#287
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The former Cecil seems to feel there isn't really much of an argument for or against male circumcision. Hard to make a case, but both sides have plenty of ammo to fight for quite awhile. However female clitoral mutilations are beyond cruel, backward and inhuman and should be outlawed by any decent sort of people. The latter, well a society that was turning against using animals for food would have either developed a super human sense of empathy, or more probably, a better source of meat. Either one would be an amazing thing to see. Last edited by The Tao's Revenge; 05-11-2012 at 06:54 PM. |
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#288
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#289
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Your doctor example above doesn't work because the doctor is treating your skin coloration (lack of melanin) itself. He's making no judgement beyond the skin. |
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#290
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If you assume, that's foolish. But if you play the odds, and you know that in general people respond more to people who look like their family? That's not foolish, that's just how humans tend to work. Calling it "bigotry" is silliness.
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#291
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#292
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Also, from your comment here it seems like you'd be okay with racial profiling, then? As long as the odd can be argued to justify it. Is that right? If not why? |
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#293
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Voting for minority candidates has no such effect. |
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#294
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Now "playing the odds" is "assuming". It's just not a blind assumption. It may even prove to be correct if you have the odds in your favor. But your argument works both ways. It's a reason to vote for a minority candidate—or—if you're in the majority, a majority candidate. To pull out the MLK card, it seems you either embrace the idea of judging a man not by the color of his skin, but by the content of his character (and his brain and accomplishments), or you don't. Quote:
How about the "candidate" is not a politician, but a candidate for a job, or a promotion, or a scholarship? Is it equally fine that the people doing the deciding choose a person that has a skin color similar to theirs? And I think racial profiling much more acceptable form of using "race", not less. Let's say you're in a state bordering on Mexico. You know that there are X number of illegal aliens in your state. The odds, as you say, of an illegal alien being Hispanic is vastly greater than he being Scandinavian. Hypothetically (with inflated numbers), if, say, the probability of a Hispanic in your state being an illegal immigrant is 1 in 5, and the probability of a Scandinavian in your state being an illegal immigrant is 1 in 2,000,000, virtually 0, don't the odds justify asking Hispanics for proof of residency, but not Scandinavians? If not, why not. I looked back at our exchange and would like to revisit this, which I might not have fully appreciated what you were saying: Quote:
It's the same for job applicants. The illegality of it aside, if you use skin color as the indicator of whom to hire, aren't you guilty of racism? Based on that thinking, IBM would never have hired a black man at all. Your defending a racist decision making process by accident of the size of the victim pool or the flavor of victim. Neither of those things matter. One is either applying a racist, bigoted thought process or one is not. Again, and in addition to allusion to the MLK quote, as Whack-a-Mole so succinctly put it: Quote:
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#295
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Once again, a command performance by the white trash sisterfucking douchebags in deflecting attention from the moral horror that is their monomaniacal obsession with denying human rights to sexual minorities, this time with a wholly irrelevant angels-dancing-on-pins argument about race-based voting. And, of course, another shake of the head to liberals who can't stop engaging in unwinnable nonsense debates on conservatives' pre-fixed terms.
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#296
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I've explained myself to the best of my ability, but the rest of your post still operates according to a misunderstanding of what I said, equating "assuming" with "playing the odds" and other such misunderstandings. I can't explain myself any better than I already have.
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#297
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In yet another episode of Preachers Behaving Badly, I give you Pastor Charles Worley who has figure out a way to deal with North Carolina's problem with gay people.
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#298
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The queers AND the homosexuals? Man, this guy is thorough.
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#299
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Ingenious! It'll also solve the problems of infertility, paedophilia, asexuality and Catholic priesthood (no tautology intended). We just need a few more camps.
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#300
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It will be the most tastefully decorated concentration camp in history.
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