Not to be obtuse but...

When was the last time the US government tortured a gay person for being gay? When was the last time a gay person's rights were limited in comparison to heterosexual rights? I didn't know that ethnic profiling was applied to sexuality. :

On the topic of banning Scientology, in applying the US Constitution to the issue, I believe it is important to look at the intention of the 1st Amendment. Does it really cover a "religion" that was created, by all accurate accounts, as nothing more than a hoax and a money making scheme by a science fiction writer? Can what effectively could be argued as a blatant fraud (criminal activity) hide behind the 1st Amendment to escape its prosecution?

To me it is a chicken or the egg type conundrum. Which should be applied first? Prosecution of a criminal action or elevation to the protected status of "religion"? One certainly negates the other, but how do we determine which is the trump card in this particular hand?