Losing Our Rights

The Weekly Standard posted an article today about Aaron and Melissa Klein, who previously ran a bakery called Sweet Cakes by Melissa. The bakery is now closed and shuttered after the State of Oregon fined them  $135,000 for refusing to bake a cake for a lesbian couple’s wedding. To add insult to injury, Oregon Labor Commissioner Brad Avakian added a gag order to the fine, ordering the Kleins “to cease and desist from publishing, circulating, issuing or displaying, or causing to be published, circulated, issued or displayed, any communication, notice, advertisement or sign of any kind to the effect that any of the accommodations, advantages, facilities, services or privileges of a place of public accommodation will be refused, withheld from or denied to, or that any discrimination will be made against, any person on account of sexual orientation.”

I am hoping that the gag order will be repealed. The fine should also be repealed, but I don’t see much chance of that happening in Oregon. This is another example of what is happening to our First Amendment–the concept of the ‘free exercise of religion‘ has been replaced with the idea of ‘freedom of religion.’ The concept of ‘free exercise’ allows people to practice their religion in the public square. The concept of ‘freedom of religion’ confines religion to the interior of the church. It is hard to be ‘salt and light’ in a society (as mentioned by Jesus) when you are not allowed to express your views in that society.

Recent Quotes From The Supreme Court

There have been some major cases decided by the Supreme Court in recent days. Paul Mirengoff has posted a number of quotes from the Justices in recent blog articles (here and here). The quotes have to do with the Housing Authority Case and the Gay Marriage Case. In each case, Mr. Mirengoff states that he feels that the Justices were not fully aware of the unintended consequences of their rulings.

In Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Mr. Mirengoff points out that both sides of the ruling were aware of the possible consequences.

Justice Alito stated:

No one wants to live in a rat’s nest. Yet in Gallagher v. Magner, 619 F. 3d 823 (2010), a case that we agreed to review several Terms ago, the Eighth Circuit held that the Fair Housing Act (or FHA) could
be used to attack St. Paul, Minnesota’s efforts to combat “rodent infestation” and other violations of the city’s housing code. The court agreed that there was no basis to “infer discriminatory intent” on the part of St. Paul.

Even so, it concluded that the city’s “aggressive enforcement of the Housing Code” was actionable
because making landlords respond to “rodent infestation, missing dead-bolt locks, inadequate sanitation facilities, inadequate heat, inoperable smoke detectors, broken or missing doors,” and the like increased the price of rent. Since minorities were statistically more likely to fall into “the bottom bracket for household adjusted median family income,” they were disproportionately affected by those rent increases, i.e., there was a “disparate impact.” Id., at 834.

The upshot was that even St. Paul’s good-faith attempt to ensure minimally acceptable housing for its poorest residents could not ward off a disparate impact lawsuit.

Today, the Court embraces the same theory that drove the decision in Magner. This is a serious mistake. The Fair Housing Act does not create disparate-impact liability, nor do this Court’s precedents. And today’s decision will have unfortunate consequences for local government,
private enterprise, and those living in poverty. Something has gone badly awry when a city can’t even make slumlords kill rats without fear of a lawsuit.

Makes sense.

Justice Kennedy also saw the risk in the decision:

Without adequate safeguards at the prima facie stage, disparate-impact liability might cause race to be used and considered in a pervasive way and “would almost inexorably lead” governmental or
private entities to use “numerical quotas,” and serious constitutional questions then could arise.

The litigation at issue here provides an example. From the standpoint of determining advantage or disadvantage to racial minorities, it seems difficult to say as a general matter that a decision to build low-income housing in a blighted inner-city neighborhood instead of a suburb is discriminatory, or vice versa.

If those sorts of judgments are subject to challenge without adequate safeguards, then there is a danger that potential defendants may adopt racial quotas—a circumstance that itself raises serious constitutional concerns.

Somehow we have substituted the concept of equal outcome for equal rights.

In the gay marriage decision, there are serious questions as to whether the rights of Bible-believing Christians will be abandoned in favor of the new definition of marriage.

Justice Kennedy writes:

Finally, it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned. The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered. The same is true of those who oppose same-sex marriage for other reasons.

Justice Roberts wrote:

The majority graciously suggests that religious believers may continue to “advocate” and “teach” their views of marriage. The First Amendment guarantees, however, the freedom to “exercise” religion. Ominously, that is not a word the majority uses.

Hard questions arise when people of faith exercise religion in ways that may be seen to conflict with the new right to same-sex marriage—when, for example, a religious college provides married student housing only to opposite-sex married couples, or a religious adoption agency declines to place children with same-sex married couples. Indeed, the Solicitor General candidly acknowledged that the tax exemptions of some religious institutions would be in question if they opposed same-sex marriage.

There is little doubt that these and similar questions will soon be before this Court. Unfortunately, people of faith can take no comfort in the treatment they receive from the majority today.

The First Amendment of the U.S. Constitution states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

It is my belief that in the future, when people who hold a Biblical view of marriage attempt to freely exercise their religion in the public square or their place of business, that freedom is going to be taken away from them, particularly in the area of a Biblical view of marriage. This happened in Massachusetts after the courts ruled that gay marriage was legal–the Catholic adoption agencies were forced to close down because adopting a child to a same-sex couple was against their religious belief. We may see that happen all over the country as a result of this ruling. I hope I am wrong, but I don’t think I am.

The Need To Protect Free Speech

Free speech is something most Americans take for granted. We don’t necessarily agree with what someone is saying or approve of their language, but generally speaking, we respect free speech. Free speech is under attack in America from a number of directions. Some of them are very subtle and seem almost logical, and some are totally obvious. Both need to be dealt with quickly and openly.

As I have stated in previous articles, I am reading Stephen Coughlin’s book Catastrophic Failure, which is about the dangers America faces at the hands of the Muslim Brotherhood and other related groups. The book talks about the Organization of Islamic Cooperation (OIC) and the human rights movement in the United Nations. The book explains that the OIC definition of human rights includes the provision that these rights have to be in compliance with Sharia Law. This means that any negative statements about Islam are not considered acceptable free speech, but are punishable by law and may result in the death penalty. The goal of the OIC is to bring non-Muslim countries under Sharia Law–in America that means ending the First Amendment right of free speech. We saw the OIC in action recently when Pamela Geller was condemned for a “Draw Mohammed” contest in Texas which resulted in violence. She was blamed for the violence–not the people who committed the violence. This was an attempt to turn public opinion away from the idea that all free speech is protected. There is nothing in our Constitution that protects us from being offended. However, the First Amendment does protect our right of free speech. The press response to what happened in Texas was a very subtle attack on free speech. It needs to be exposed and countered.

A more obvious attack on free speech was initiated by the U.S. Government recently against “Reason Magazine.” Reason posted an article yesterday telling the story.

The article gives the background of the attack on free speech:

For the past two weeks, Reason, a magazine dedicated to “Free Minds and Free Markets,” has been barred by an order from the U.S. District Court for the Southern District of New York from speaking publicly about a grand jury subpoena that court sent to Reason.com.

The subpoena demanded the records of six people who left hyperbolic comments at the website about the federal judge who oversaw the controversial conviction of Silk Road founder Ross Ulbricht. Shortly after the subpoena was issued, the government issued a gag order prohibiting Reason not only from discussing the matter but even acknowledging the existence of the subpoena or the gag order itself. As a wide variety of media outlets have noted, such actions on the part of the government are not only fundamentally misguided and misdirected, they have a tangible chilling effect on free expression by commenters and publications alike.

Yesterday, after preparing an extensive legal brief, Reason asked the US Attorney’s Office to join with it in asking that the gag order – now moot and clearly an unconstitutional prior restraint – be lifted. This morning, the US Attorney’s Office asked the Court to vacate the order, which it did. We are free to tell the story for the first time.

The article at Reason further reports:

Regardless of the legal details, the growing government demand for user data and our own experience with court-enforced silence on a self-evidently ridiculous investigation raise important questions about free speech and the abuse of power.

Reason’s unmoderated comment space is rare among comparable publications and has, over the years, developed into a forum that is by turns exciting, intellectually advanced, outlandish, cringe-inducing, and more foul-mouthed than any locker room this side of the Crab Nebula. It is something to be celebrated as a voluntary community that can be engaged or ignored as the spirit moves you (we say that as writers whose work and physical shortcomings rarely escape unscathed from any thread). However trollish many of our commenters can be, they have created a sphere of free speech that delivers on one of the great promises of the Internet, which is unbridled expression, dialogue, and argument.

We took risks by creating an autonomous zone in which our readers are left to their own devices. Some of the risk is reputational—how many other serious outlets allow anonymous commenters to run riot as we do? Some of the risk is legal, as in the current situation.

One further note about anonymity in our comment threads. Commenting on our site requires registration using a working email address (which is hidden from public view unless a commenter chooses to have it displayed). We also log IP addresses. We do both of these things in order to fight spammers and trolls–people who have shown enormous determination in their efforts to disrupt the discussion. 

Our commenters are generally a tech-savvy bunch. It is likely that those who have a desire for a very high degree of anonymity are taking control of that themselves, using anonymous email addresses and tools to prevent us from logging IPs connected to them.

But Reason.com is not the dark web. Many of our regular commenters voluntarily display either personal website information or their email addresses. In fact, three of the six commenters subject to this very subpoena voluntarily displayed public links to personal blogs at Blogger as part of their comments, one of which further links to a Google+ page. Raising the question: How can the government view these so-called “threats” as so nefarious when people posted them in such a non-anonymous fashion? 

Please follow the link above to read the entire article. It is an amazing saga of an out-of-control government trying to conceal the fact that it is out of control. Thank you, editors of Reason for standing up to this threat.

 

Equal Rights Does Not Mean That You Have The Right To Deny Me My First Amendment Rights

Equal rights means equal rights. The First Amendment allows Americans the freedom to practice their religion. The implication is that Americans are allowed to live their lives according to their religious beliefs. That is their rights. As I have explained before, I do not care about gay marriage–marry anyone you want to. However, I do care about the violation of my First Amendment rights. What do I mean? If I am a Pastor who holds the Biblical view of marriage, or a baker who holds a Biblical view of marriage, or a florist who holds a Biblical view of marriage, I should not be forced to support your gay marriage. I don’t care if you get married, but I don’t have to be a part of that process. To me, that is what the law should be. Oddly enough, there are actually people who agree with me. (Not the ones who wrote the article I am about to refer to, but the ones who actually voted on the issue).

The Winston-Salem Journal reported today that the North Carolina House of Representatives has overridden Governor Pat McCrory‘s veto of a bill allowing employees who issue marriage licenses to refuse to complete paperwork for gay couples on religious grounds. In other words, the employees can exercise their First Amendment rights. The gay people can also get married–there will be someone there to do the paperwork. Everyone’s rights are respected.

The newspaper does not agree with my conclusion. The article states:

Gay rights groups and some Democrats said legal challenges were likely to come soon for the new law, the second of its kind nationwide. Utah passed one this year.

North Carolina‘s law took effect as the state House voted to override Republican Gov. Pat McCrory’s earlier veto. The Senate already had voted for the override. McCrory said though he believes marriage is between a man and a woman, no state employee should be able to break his or her government oath. His position puts him at odds with social conservatives aligned with his party.

Under the law, some register of deeds workers who assemble licenses and magistrates who solemnize civil marriages can decide to stop performing all marriages — for both straight and gay couples — if they hold a “sincerely held religious objection.” Employees with a religious objection must stop performing all marriage duties for at least six months.

This is not a perfect law–employees with a religious objection are being penalized for having that objection–that is not in keeping with their First Amendment rights.

The article goes on to list the inconvenience of the law going into effect. I wonder if the newspaper would be so quick to list the inconvenience if its First Amendment rights were taken away.

 

 

Expanding The Bounds Of Ridiculousness

I don’t know if ridiculousness is a word, but in this case it surely applies. Last Monday, Breitbart.com reported that George Washington University Law School Professor John Banzhaf has filed a complaint with the Washington, D.C. Office of Human Rights against Catholic University. The Professor is charging the University with  creating an “offensive” environment in which Muslims are intimidated out of proper reverence for their own religion because of the large amount of Catholic imagery draping the halls. Dude, it’s Catholic University. What did you expect–statues of Buddha?

The article reports:

It’s hard to keep a straight face while reading all that, but rest assured the rusty gears and chains of the bureaucracy began clanking as soon as Banzhaf’s thick complaint was dumped into the hopper of the anti-discrimination machine. “A spokesperson for the human rights office said they are investigating Banzhaf’s complaint — and the inquiry could take as long as six months,” writes BeliefNet.

“I don’t know what the attorney wants them to do – if he wants them to actually move the Basilica or if the Muslim students can find someplace where they don’t have to look at it,” an incredulous Patrick Reilly of the Cardinal Newman Society told Fox News. “One wouldn’t expect a Jewish institution to be responsible for providing liturgical opportunities for other faiths and I wouldn’t expect a Catholic institution to do that.”

“This attorney is really turning civil rights on its head,” Reilly continued. “He’s using the law for his own discrimination against the Catholic institution and essentially saying Catholic University cannot operate according to Catholic principles.”

…This is all part of the effort to create a legal and super-legal regulatory environment in which maintaining faith-based institutions is nearly impossible… or, at least, so difficult that these institutions will be forever subdued beneath the heel of the almighty State. Just wait until churches lose their tax-exempt status for refusing to comply with Big Government decrees about same-sex marriage, and you’ll see how that works.

Religious freedom is under attack in America. It won’t be long before the tax-exempt status of churches will be under fire. If Americans value the right to freedom of religion, they need to begin to stand up now. One of the things to note is a subtle changing of the First Amendment. We are hearing people speak about ‘freedom of worship‘ rather than ‘freedom of religion.’ It’s a subtle difference, but the word change is an effort to keep religious people out of the public forum. Freedom of worship keeps God in the church. Freedom of religion allows God in the public square.

Just For The Record, This Is The Image That Won The Contest

Datechguyblog posted the winning picture from the Draw Mohammed contest in Garland, Texas. This picture perfectly sums up the battle for free speech. The problem in Texas was not Pam Geller’s contest–it was the Muslims who felt that it was their duty to kill people exercising their right to free speech. P–s Christ is a 1987 photograph by the American artist and photographer Andres Serrano. It depicts a small plastic crucifix submerged in a glass of the artist’s urine. It was part of an art exhibit in New York. As offensive as it was, no one who was offended attempted to kill anyone. In the mid-1970s, Skokie, Illinois, was at the center of a case concerning the First Amendment right to assemble and the National Socialist Party of America, a neo-Nazi group. Skokie ultimately lost that case. Skokie had a sizeable Jewish population which objected to the Nazi-planned march. The march went ahead. Again, no one was killed. The First Amendment allows for freedom of speech. It does not protect anyone from being offended by that speech. The First Amendment should not be curtailed–if Muslims cannot live under the laws of America, they need to leave. If anyone comes to America, they need to be willing to live under the laws of America. The problem is not Pamela Geller–the problem is people living in America who are prone to violence and do not respect the rights of Americans.

 

draw-mohammad

The Threat

Andrew McCarthy posted an article in National Review yesterday about the shootings in Texas at the Draw Mohammed event.

The conclusion of the article is the most important point:

You may not like the provocateurs’ methods. Personally, I am not a fan of gratuitous insult, which can antagonize pro-Western Muslims we want on our side. But let’s not make too much of that. Muslims who really are pro-Western already know, as Americans overwhelmingly know, that being offended is a small price to pay to live in a free society. We can bristle at an offense and still grasp that we do not want the offense criminalized.
It would be easy, in our preening gentility, to look down our noses at a Mohammed cartoon contest. But we’d better understand the scope of the threat the contest was meant to raise our attention to — a threat triggered by ideology, not cartoons. There is in our midst an Islamist movement that wants to suppress not only insults to Islam but all critical examination of Islam. That movement is delighted to leverage the atmosphere of intimidation created by violent jihadists, and it counts the current United States government among its allies.

The First Amendment does not give you the right not to be offended. It is almost guaranteed that if the First Amendment is followed you will be offended at some point. That is not the point. The point is that in a free society, everyone has the same right of free speech. If the Muslims who live in America cannot accept free speech, they need to return to a place where it is not honored. If we cave into the threat of violence, then we are in danger of losing our First Amendment rights.

The Internal Revenue Service Continues Its Attack On The First Amendment

On Monday, National Review reported that the Internal Revenue Service (IRS) has decided that it has the right to monitor what is said in the pulpits of America‘s churches.

The article reports:

It was bad enough, as I wrote here last August, that the Internal Revenue Service appeared to reach an agreement to monitor the pulpits of ill-favored churches. What’s worse is that the IRS, directly counter to Freedom of Information Act (FOIA) requirements, steadfastly has refused to make public key documents pertaining to that decision.
So the IRS, acting with the whole power of government behind it, seems to be saying it can monitor and presumably punish churches for the content of their sermons, but the churches can’t know exactly if, how, and why they are being monitored.

Alliance Defending Freedom (ADF) and Judicial Watch filed Freedom of Information Act (FOIA) requests on April 9 requesting the release of the IRS documents.
The article concludes:
Completely apart from the administrative law-breaking, it is that First Amendment right that remains the nub of the underlying case. The public has been bombarded in recent weeks with stories of battles about the limits of private expressions of faith in the business world. What the IRS apparently is doing, at the atheist group’s request, attacks faith at an even more fundamental level than that: inside the churches’ own doors, at their very pulpits.
As Thomas Jefferson wrote in 1808, “I consider the government of the U.S. as interdicted by the Constitution from intermeddling with religious institutions, their doctrines, disciplines, or exercises.”
Surely, if a government agency is monitoring religious institutions in a way that could lead to such intermeddling, the public deserves an explanation of how, why, when, and where such monitoring is taking place. But this is Obama’s IRS. It seems to think it answers to nobody. The courts must disabuse it of that virtually criminal notion, with every power at the courts’ disposal.

If the churches and the organizations affiliated with them do not step up to defend our religious freedom, no one will. This should be a wake-up call to every church to get involved in the political process–not shy away from it. My message to pastors is, “Don’t preach party politics–preach the principals that built this country.

What Do Equal Rights Mean?

On Sunday the Independent Journal Review posted an article about Indiana‘s ‘Religious Freedom’ Act. There has been an outcry from gay and lesbian groups that say that the law will discriminate against them. I would like to point out that 21 states already have similar laws, and that the goal of the law is to protect EVERYONE’S rights.

When you open a business, you do not give up your First Amendment rights. According to the First Amendment you are guaranteed the right to practice your religion. There is also a right of association–you have the right to choose who you will do business with. Christians who hold a Biblical view on homosexuality have as much right to practice their beliefs as anyone else. The law in Indiana will protect these rights.

This is the map of the states that have passed laws similar to the Religious Freedom Restoration Act (RFRA):

RFRA Existing graphic

Incidentally, the RFRA was signed into law by former President Bill Clinton–not by a Republican.

The article concludes:

In other words, not only can the Christian owners of a bakery refuse to write an inscription on the wedding cake of a gay couple, but the black owners of a T-shirt business don’t have to print the KKK’s burning crosses on shirts, and Jewish owners of a gift shop don’t have to put Nazi symbols on coffee cups.

Everyone has equal rights, or no one does.

Are You Free To Hold Biblical Views In America?

America has a First Amendment, something which many other countries do not have. Theoretically the First Amendment protects freedom of speech–even if you express a viewpoint that is unpopular, you have the right to express that viewpoint. Theoretically.

Yesterday the National Review Online posted an article about some recent events at Gordon College. D. Michael Lindsay, president of Gordon College, signed a letter (as an individual) to President Obama requesting that a religious exemption be included in a recent executive order signed by President Obama.

The article reports:

In July 2014, President Obama, carrying out yet another threat to act by executive fiat where the federal legislature would not, signed an order prohibiting the federal government and federal contractors from discriminating in hiring based on “sexual orientation” and “gender identity.” However, unlike the Senate-approved Employment Non-Discrimination Act, after which it was modeled, the president’s order offered no exemption to religious organizations, raising the possibility that organizations with faith-based objections to same-sex marriage might no longer be able to qualify as federal contractors.

The letter signed by D. Michael Lindsay was also signed by thirteen other religious leaders, including Rick Warren, pastor of California’s Saddleback Church, who delivered the invocation at President Obama’s first inauguration, and Michael Wear, national faith vote director for President Obama’s 2012 reelection campaign.

Unfortunately, standing up for your faith in America has consequences.

The article reports:

Eight days after Lindsay’s letter, Kimberley Driscoll, mayor of nearby Salem, Mass., prohibited the school from any longer using Salem’s historic Old Town Hall, “despite a long and positive relationship.” Driscoll wrote to Lindsay that she was “disappointed” with the school’s “hurtful and offensive” stance.

In August, the nearby Lynn Public Schools board declared that it would no longer accept Gordon College students into its student-teacher program — in express violation of students’ constitutional rights to free speech, religious practice, and association.

And the next month, in the most alarming episode yet, the New England Association of Schools and Colleges (NEASC), Gordon’s accrediting body, announced that it would have to evaluate whether “Gordon College’s traditional inclusion of ‘homosexual practice’ as a forbidden activity” violates the organization’s accreditation standards. Then, as if to imply its conclusion foregone, the NEASC offered Gordon one year “to ensure that the College’s policies and procedures are non-discriminatory.” The NEASC is a private organization and can establish whatever accreditation criteria it likes — but it has never before considered a college’s religious identity, and an accreditation agency cannot if it wishes to receive “recognition” from the Department of Education (a de facto necessity). But surely Arne Duncan can make an exemption.

Again, the letter was signed as an individual–not as the college president.

Are we at a place where the president of a Christian college is no longer permitted to stand up for Christian values? The political left has many places it can attend college–there is no reason at all to tear down a school that supports the values that Christianity teaches. Gordon College is the victim of a bullying campaign by those who claim to want to end bullying. Ironic, isn’t it?

Should Pastors Have To Turn In Their Sermons To The City?

Hot Air is reporting the following today:

Houston’s embattled equal rights ordinance took another legal turn this week when it surfaced that city attorneys, in an unusual step, subpoenaed sermons given by local pastors who oppose the law and are tied to the conservative Christian activists that have sued the city.

Opponents of the equal rights ordinance are hoping to force a repeal referendum when they get their day in court in January, claiming City Attorney David Feldman wrongly determined they had not gathered enough valid signatures to qualify for the ballot. City attorneys issued subpoenas last month during the case’s discovery phase, seeking, among other communications, “all speeches, presentations, or sermons related to HERO, the Petition, Mayor Annise Parker, homosexuality, or gender identity prepared by, delivered by, revised by, or approved by you or in your possession.”

The article further reports:

The subpoenas for any electoral activity might be legally acceptable, since churches have a tax exemption — but that is generally a state and federal issue, not a municipal distinction. The demand to produce any comments regarding “homosexuality or gender identity” go straight to the heart of the First Amendment and on government censorship. The intent to intimidate Christian pastors into silence on these issues could not be clearer, and uses the threat of government action to back up that intimidation.

There are two issues here that I think are important. The first is that the ‘rights’ of homosexuals and other gender identity groups are usurping the First Amendment right of free speech and the free exercise of religion. The other issue here is that this ‘equal rights’ ordinance will eventually be used to declare Biblical truth as ‘hate speech’ and silence pastors preaching from the Bible in that way. In both cases, America loses.

I do not condone discrimination, but I do think everyone in the marketplace should be able to make their own decisions about who they do business with. A car dealership has the right to turn away a customer because the customer cannot afford to buy a car from that dealership. Doesn’t a business owner have a similar choice if someone is asking him to do something that violates his conscience? If a venue chooses not to be available for a homosexual wedding because the owner holds the Biblical view on homosexuality, should that vendor be asked to compromise his religious beliefs? Couldn’t the couple involved simply choose another venue? Again, I am not against homosexual rights–I just don’t want to see homosexual rights used as a vehicle to destroy the First Amendment rights of all Americans.

 

It Really Is Time For Harry Reid (And Most Of The Rest Of The Senate) To Go

Yesterday the Washington Examiner reported that the Senate has made plans to accomplish something when it returns from recess. They are not planning to take up the immigration bill the House of Representatives just passed, they are not planning to deal with America‘s deficit spending in any way, and they are not planning to deal with any of the bills the House of Representatives has sent them to encourage job growth. So, what are they planning on dealing with first thing when they get back from vacation? They want to make sure that the Republicans can’t raise campaign contributions from corporations the way Democrats raise campaign contributions from unions.

The article reports on S.J. Res. 19, which seeks to undo the Supreme Court‘s 2010 Citizens United decision:

The Supreme Court said in its decision that political contributions are protected under the First Amendment.

However, the proposed amendment, which was authored by Sen. Tom Udall, D-N.M., not only gives Congress the power to limit spending on federal candidates, but it also bars the judicial branch from overturning any future campaign finance laws authored by legislative branch.

Other than the obvious problem with priorities, the Senate is planning on limiting the actions of the Supreme Court. I believe that would be unconstitutional. We have three separate but equal branches of government. The Senate does not control the actions of the Supreme Court.

Meanwhile, we are being overrun by illegal immigrants on our southern border. The young children are bringing diseases, and the older children are joining violent Latin American gangs already here. Americans (particularly those on our southern border) have been negatively impacted by the invasion. Wouldn’t you think the Senate might consider that more important than protecting Democrat fund raising?

 

Different Laws For Different Groups

PJ Media posted an article today about the latest attack on religious free speech.

The Freedom From Religion Foundation (FFRF)recently released a press release that included the following:

FFRF filed suit against the IRS shortly after the presidential election in 2012, based on the agency’s reported enforcement moratorium, as evidenced by open and notorious politicking by churches. Pulpit Freedom Sunday, in fact, has become an annual occasion for churches to violate the law with impunity. The IRS, meanwhile, admittedly was not enforcing the restrictions against churches. A prior lawsuit in 2009 required the IRS to designate an appropriate high-ranking official to initiate church tax examinations, but it had apparently failed to do so. 

The IRS has now resolved the signature authority issue necessary to initiate church examinations. The IRS also has adopted procedures for reviewing, evaluating and determining whether to initiate church investigations. While the IRS retains “prosecutorial” discretion with regard to any individual case, the IRS no longer has a blanket policy or practice of non-enforcement of political activity restrictions as to churches. 

In addition to FFRF’s lawsuit, IRS enforcement procedures with respect to political activity by tax-exempt organizations have been the subject of intense scrutiny by Congress. As a result, the IRS is reviewing and implementing safeguards to ensure evenhanded enforcement across the board with respect to all tax exempt organizations. 

Until that process is completed, the IRS has suspended all examinations of tax-exempt organizations for alleged political activities. The current suspension, however, is not limited to church tax inquiries. 

The article at PJ Media points out:

Democrats routinely campaign from the very pulpit of majority black churches. It happens every single election cycle. Pastors in those churches regularly push parishioners to support the Democratic Party, to support specific government social policy, and even specific candidates for office.

The Freedom From Religion Foundation has not sued to get the IRS to investigate any of that. Its targets are churches that align with the more conservative Pulpit Freedom Sunday movement. That tells us what the foundation and the IRS will really be investigating.

The IRS will be monitoring churches to listen for pastors supporting the right to life, the sanctity and traditional definition of marriage, traditional values in general, perhaps even patriotism. Those are the churches, based on the angle that the foundation lawsuit takes, that will potentially find themselves under IRS investigation.

It appears that there will be one set of rules for conservative churches and one set of rules for liberal churches. What happened to equal justice under the law? Why do only liberal churches have First Amendment rights?

FFRF filed suit against the IRS shortly after the presidential election in 2012, based on the agency’s reported enforcement moratorium, as evidenced by open and notorious politicking by churches. Pulpit Freedom Sunday, in fact, has become an annual occasion for churches to violate the law with impunity. The IRS, meanwhile, admittedly was not enforcing the restrictions against churches. A prior lawsuit in 2009 required the IRS to designate an appropriate high-ranking official to initiate church tax examinations, but it had apparently failed to do so. 

The IRS has now resolved the signature authority issue necessary to initiate church examinations. The IRS also has adopted procedures for reviewing, evaluating and determining whether to initiate church investigations. While the IRS retains “prosecutorial” discretion with regard to any individual case, the IRS no longer has a blanket policy or practice of non-enforcement of political activity restrictions as to churches. 

In addition to FFRF’s lawsuit, IRS enforcement procedures with respect to political activity by tax-exempt organizations have been the subject of intense scrutiny by Congress. As a result, the IRS is reviewing and implementing safeguards to ensure evenhanded enforcement across the board with respect to all tax exempt organizations. 

Until that process is completed, the IRS has suspended all examinations of tax-exempt organizations for alleged political activities. The current suspension, however, is not limited to church tax inquiries. 

– See more at: http://ffrf.org/news/news-releases/item/20968-ffrf-irs-settle-suit-over-church-politicking#sthash.rEhbLVZy.dpuf

FFRF filed suit against the IRS shortly after the presidential election in 2012, based on the agency’s reported enforcement moratorium, as evidenced by open and notorious politicking by churches. Pulpit Freedom Sunday, in fact, has become an annual occasion for churches to violate the law with impunity. The IRS, meanwhile, admittedly was not enforcing the restrictions against churches. A prior lawsuit in 2009 required the IRS to designate an appropriate high-ranking official to initiate church tax examinations, but it had apparently failed to do so. 

The IRS has now resolved the signature authority issue necessary to initiate church examinations. The IRS also has adopted procedures for reviewing, evaluating and determining whether to initiate church investigations. While the IRS retains “prosecutorial” discretion with regard to any individual case, the IRS no longer has a blanket policy or practice of non-enforcement of political activity restrictions as to churches. 

In addition to FFRF’s lawsuit, IRS enforcement procedures with respect to political activity by tax-exempt organizations have been the subject of intense scrutiny by Congress. As a result, the IRS is reviewing and implementing safeguards to ensure evenhanded enforcement across the board with respect to all tax exempt organizations. 

Until that process is completed, the IRS has suspended all examinations of tax-exempt organizations for alleged political activities. The current suspension, however, is not limited to church tax inquiries. 

– See more at: http://ffrf.org/news/news-releases/item/20968-ffrf-irs-settle-suit-over-church-politicking#sthash.rEhbLVZy.dpuf

Prayer Before Meetings Backed By The Supreme Court

Yesterday Reuters posted an article on the Supreme Court’s decision to allow prayer before public meetings. Please note that it was a five to four decision. Our right to prayer at public meetings was upheld by one vote.

The details of the decision can be found at the Supreme Court’s website. The decision included the following:

An insistence on nonsectarian or ecumenical prayer as a single, fixed standard is not consistent with the traditionof legislative prayer outlined in the Court’s cases. The Court found the prayers in Marsh consistent with the First Amendment not because they espoused only a ge- neric theism but because our history and tradition have shown that prayer in this limited context could “coexis[t]with the principles of disestablishment and religious freedom.” 463 U. S., at 786. The Congress that drafted the First Amendment would have been accustomed to invocations containing explicitly religious themes of the sort respondents find objectionable. One of the Senate’s first chaplains, the Rev. William White, gave prayers in a series that included the Lord’s Prayer, the Collect for Ash Wednesday, prayers for peace and grace, a general thanksgiving, St. Chrysostom’s Prayer, and a prayer seeking “the grace of our Lord Jesus Christ, &c.” Letter from W. White to H. Jones (Dec. 29, 1830), in B. Wilson,Memoir of the Life of the Right Reverend William White, D.D., Bishop of the Protestant Episcopal Church in the State of Pennsylvania 322 (1839); see also New Hampshire Patriot & State Gazette, Dec. 15, 1823, p. 1 (describing a Senate prayer addressing the “Throne of Grace”); Cong.Globe, 37th Cong., 1st Sess., 2 (1861) (reciting the Lord’s Prayer). The decidedly Christian nature of these prayers must not be dismissed as the relic of a time when our Nation was less pluralistic than it is today. Congress continues to permit its appointed and visiting chaplains to express themselves in a religious idiom. It acknowledges our growing diversity not by proscribing sectarian content  but by welcoming ministers of many creeds. See, e.g., 160

America is a Christian country. There is room for everyone here, but at its root, America was founded on Judeo-Christian principles. Congress has chaplains and opens with prayer. This ruling gives local government bodies the right to open in prayer also.

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A New Attack On Free Speech

Yesterday Godfather Politics posted a story about a new bill introduced in Congress by Massachusetts Senator Edward Markey (D) and New York Representative Hakeem Jeffries (D)  called the Hate Crime Reporting Act of 2014. For those of you that still believe that Congress names bills according to what they actually do, this bill should be a wake-up call.

The article quotes the beginning of the bill:

“To require the National Telecommunications and Information Administration to update a report on the role of telecommunications, including the Internet, in the commission of hate crimes.”

“The report required under subsection (a) shall— “

‘‘(1) analyze information on the use of telecommunications, including the Internet, broadcast  television and radio, cable television, public access television, commercial mobile services, and other electronic media, to advocate and encourage violent acts and the commission of crimes of hate, as de-scribed in the Hate Crime Statistics Act (28 U.S.C. 534 note);”

‘‘(2) include any recommendations, consistent with the First Amendment to the Constitution of the United States, that the NTIA determines are appropriate and necessary to address the use of telecommunications described in paragraph (1); and”

‘‘(3) update the previous report submitted under this section (as in effect before the date of enactment of the Hate Crime Reporting Act of 2014).’’

Please do not assume that I support hate speech, but there are a few problems with this bill. Who determines what is hate speech? If I quote the Bible on the subject of homosexuality, is that hate speech? If I say that Jesus Christ is Lord (under Sharia Law, that is considered slander because it implies that Mohammad is not god), is that hate speech? Is criticizing the government hate speech?

You can see where this would go if the law were passed. Anything that limits our freedom of speech is wrong. Period. There will always be those among us who will say things we consider hateful, but it is their right to say those things. We have the option of attempting to correct them or ignoring them–we do not have the option of silencing them.

This is another reason why your vote is important when voting for Congressional representatives. Please do not vote for anyone who supports the idea of limiting free speech in America. It is a major part of our foundation as a nation.,

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The Battle For The Second Amendment

I apologize in advance for the fact that this will be a rather long article, but I missed the beginning of this story, so I need to catch up.

On March 16th Freedom Outpost posted a story about a raid by the Bureau of Alcohol Tobacco and Firearms (ATF) on Ares Armor.

According to the article:

Ares Armor sells what are called “80% lower receivers” to allow a buyer to make his own AR-15 rifle. According to federal law,”The term ‘firearm'” includes “the frame or receiver of” a weapon, but one that is only 80 percent complete does not fall under that category.

When ATF agents began nosing around Ares Armor and started asking questions, the store obtained a temporary restraining order prohibiting the agency from seizing its product line and customer list. A hearing was scheduled for March 20 to litigate the issue.

However, on Saturday, ATF agents raided Ares pursuant to an ex parte order — an order obtained without notice to the other party, in this case Ares — and did just what Ares feared, according to the amateur video below.

You can see the video by following the link to freedom outpost. The article at freedom outpost also explains how the ATF managed to get around the restraining order.

Freedom Outpost posted an article yesterday showing the state government’s response to this raid.

The article reports:

On the heels of the illegal ATF raid on Ares Armor, Idaho Governor Butch Otter signed into law S1332, a bill which will effectively nullify federal gun laws. The nullification legislation will prohibit state enforcement of any future federal act that relates to firearms, accessories or ammunition.

S1332, or as it is commonly referred to as the Idaho Federal Firearm, Magazine and Register Ban Enforcement Act, passed both the house (68-0) and senate (34-0) unanimously.

The article further states:

Other states such as Alaska and Kansas have passed similar legislation. Missouri is in the process of pushing similar legislation through for a second time, after Governor Jay Nixon vetoed the Second Amendment Preservation Act last year. Several other states have introduced their version of the Second Amendment Preservation Act to nullify federal gun laws, including Florida, West Virginia, Tennessee, and Arizona.

The legislation rests on a well-established legal principle known as the anti-commandeering doctrine. Simply put, the federal government cannot force or coerce states into implementing or enforcing federal acts or regulations – constitutional or not. The anti-commandeering doctrine rests primarily on four Supreme Court cases dating back to 1842. Printz v. US serves as the cornerstone. According to that doctrine:
 
“The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program…such commands are fundamentally incompatible with our constitutional system of dual sovereignty.”

It is unfortunate that we have come to a point where the states have to defend the U. S. Constitution because the federal government is ignoring it.

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Heckler’s Veto

Today’s Daily Caller posted a story about the U.S. Ninth Circuit Court of Appeals decision to uphold a California high school’s ban on American flag T-shirts on Cinco de Mayo.

The article reports:

Officials at Live Oak High School banned American flags on May 5, 2010 because the year before there had been altercations between white students and Mexican students. There were American flags and chants of “USA.” According to reports, there were also Mexican flags and kids running around saying, “Fuck them white boys. Let’s f**k them up.”

On Cinco de Mayo in 2010, students who showed up with American flags on their shirts were asked to turn the shirts inside out.

The article concludes:

As UCLA law professor and Washington Post law blogger Eugene Volokh notes, the First Amendment typically does not allow government entities to censor speech this way. However, order and tranquility are paramount in a school setting. The Ninth Circuit’s decision arguably accords with previous case law. At the same  time, it amounts to a “heckler’s veto” allowing violent people to co-opt the government into using its own compulsion to enact their desires.

I have a few problems with this. Why weren’t the Mexican students disciplined when they acted up? Why didn’t the school tell the Mexican students that the celebration would  be cancelled unless they behaved? Were the Mexican students allowed to wear Mexican shirts? If a student is violent or threatening violence, why not punish that student instead of limiting the freedom of other students? Why weren’t violent students suspended? Other than that, the decision makes perfect sense. Sure.

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What Is Happening To My Country?

Yesterday I posted a story about Audrey Hudson, a former Washington Times reporter and current freelance reporter (rightwinggranny.com). Yesterday the Washington Times posted a story about the incident.

The Washington Times reported:

The Washington Times said Friday it is preparing legal action to fight what it called an unwarranted intrusion on the First Amendment.

“While we appreciate law enforcement’s right to investigate legitimate concerns, there is no reason for agents to use an unrelated gun case to seize the First Amendment protected materials of a reporter,” Times Editor John Solomon said. “This violates the very premise of a free press, and it raises additional concerns when one of the seizing agencies was a frequent target of the reporter’s work.

“Homeland’s conduct in seizing privileged reporters notes and Freedom of Information Act documents raises serious Fourth Amendment issues, and our lawyers are preparing an appropriate legal response,” he said.

Keep that story in mind as you read the rest of this article.

On October 21, I posted an article about the behavior of the Park Police during the government shutdown (rightwinggranny.com). The source of that article was a John Fund article at National Review Online. The question being asked in the article was if the Obama Administration can use the Park Police to fight a political battle, what other federal agencies can they co-opt? Again I ask, when were the shut-down signs and the barricades ordered and who authorized the order?

On October 23, The Blaze reported that a total of nine commanding generals have been fired this year. The article lists the generals and contains a video of an interview with the reporter investigating this.

Where were you when you first heard the expression “shelter in place?” That was mainly added to the American vocabulary after the Boston Marathon Bombing. Think about that for a moment. In the past, when a criminal escaped from jail, we were told to lock our doors and windows and be alert. I don’t ever remember hearing the expression “shelter in place.” Shelter in place implies Martial Law. Is that something that is going to become routine?

I list the above incidents for your consideration. They may mean nothing, they may mean a lot. Think about them the next time you have the opportunity to vote. I don’t like the direction our country seems to be heading in. The only way to change that direction is to change the people running the country. The only way to change the people running the country is to vote the current people out and elect new people. We need to do that.

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The Need To Balance Rights

CBN News posted a story today about a new law passed in San Antonio, Texas, to prevent discrimination against LGBT Texans. Now before I go into exactly what the law does, I want to go on the record as saying that I do not support discrimination against anyone for any reason. However, there are certain situations where common sense needs to dictate decisions regarding people with different views on various issues. For instance, I have no problem with civil unions, but I do not support gay marriage. Why? Because as soon as the state endorses gay marriage, is it obligated to force pastors of churches who believe homosexuality is a sin to perform those marriages? I watched the Catholic adoption agencies leave Massachusetts because the state would not grant them a religious exemption to allow them to deny adoptions to gay couples. Their right to practice their religious beliefs in the adoption process were denied. If you pass a law against discrimination against LGBT people, is a pastor who holds the Biblical view on homosexuality free to state that view from the pulpit?

The article points out:

For San Antonio’s faith community there are several red flags. The ordinance criminalizes those with a biblical view of sexuality as it forbids bias against homosexuality or bi-sexuality.

Those charged and declared guilty by the city will face a Class C misdemeanor on their record and fines of up to $500 a day.

Also, the ordinance forbids appointed officials on city boards from showing any bias. 

Allan Parker, president of The Justice Foundation, a San-Antonio-based Christian legal non-profit, has worked to analyze and explain the ordinance for San Antonio’s churches.

He said the ordinance is vague and unclear but he believes it can and will be used against Christians, especially those in the business world who disagree with unbiblical sexuality.

“The leverage of the city to pressure any business to caving in is enormous under this,” he explained.

Would this law punish a bakery if it chose not to bake a cake for a homosexual wedding because of their religious beliefs? What about the rights of the bakers? Are their religious beliefs as important as the wedding participants? Where does the First Amendment (the government shall not interfere with the free exercise of religion) play into this?

As I said, I don’t support discrimination against anyone, but I do support the right of everyone to practice their religion and state their religious beliefs. This law is not in agreement with the First Amendment of the U.S. Constitution.

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The First Amendment Matters

I love America. I was born here, and I have lived here all my life. I have lived in New England, the mid-Atlantic states, and a southern state. This is my country. Last night I learned that I need to be very worried about the future of my country.

About a year and a half ago, I wrote an article about Elisabeth Sabaditsch-Wolff (rightwinggranny.com). The article details the battle Mrs. Sabaditsch-Wolff went through because she told the truth about Islam. Please follow the link above to read the story.

Last night, I had the privilege of meeting Mrs. Sabaditsch-Wolff and hearing her speak. I really didn’t like hearing what she had to say, but I appreciated her courage in saying it. Europe does not have First Amendment protections. There are a number of people who have been tried (some convicted) in European countries for telling the truth about Islam. Unfortunately, that mindset is coming to America. The full text of Mrs. Sabaditsch-Wolff’s remarks can be found at gatesofvienna.net.

The following links are from my website and others detailing some of the ways that Americans are losing their First Amendment rights. Please read the articles.

rightwinggranny.com, rightwinggranny.com, abc27.com, examiner.com

There are just four examples of Americans’ First Amendment rights being taken away–in both political and religious speech. President Obama has stated, “The future does not belong to those who slander the prophet of Islam.” Frankly, I have never heard an American President defend Christianity in that way. Why the double standard?

Mrs. Sabaditsch-Wolff spoke of the Muslim Brotherhood infiltration of the American political system. Frank Gaffney put together a ten-part series detailing that infiltration at the Center For Security Policy. If you don’t have time to watch the entire 10 parts, I strongly suggest that you watch the summary.

Mrs. Sabaditsch-Wolff also pointed out that Islam has politically morphed from a religion to a race–therefore anyone who opposes the teachings of Islam is a racist.

The only hope for America is awareness and citizen involvement. If America is willing to pay the price to remain the last bastion of freedom, we may be able to turn the tide back here and in Europe. We need to remember that the goal of Islam (coincidentally also the goal of Iran, Egypt, and many other Muslim nations) is a world-wide caliphate. We have the choice right now whether or not we want to be part of that caliphate. We may not have that choice for long.

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Taking The Free Exercise Of Religion Out Of The Marketplace

There are many people in America who allow their faith to play a major part in decisions in all areas of their lives. In the U. S. Constitution, that is described as the free exercise of religion.

The First Amendment of the U. S. Constitution states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The Obama Administration is denying Hobby Lobby the free exercise of their religion. CNS News posted a story on Friday stating that the new proposed regulation under the Obamacare law offers no exemption at all to Christian individuals or business owners who object to providing sterilizations, contraceptives and abortion-inducing drugs in their health care plans. The Obama Administration has changed the law slightly, but not solved the problem.

The article reports:

The new proposed regulation redefines a “religious employer” to mean only those institutions organized under the Internal Revenue Code section used by houses of worship. “The Department believes that this proposal would not expand the universe of employer plans that would qualify for the exemption beyond that which was intended in the 2012 final rules,” said a statement HHS released Friday.

…When a non-profit that “holds itself out as a religious organization” is self-insured, the third-party administrator would be required to work with a health insurance provider to have that provider create a free policy that gives the covered employees free sterilizations, contraceptives and abortion-inducing drugs.

When providing their employees with a health-care plan, these religious non-profits would be required by the government to trigger the provision of free abortion-inducing drugs, contraceptives and sterilizations to their employees and an insurance provider who would be forced by the government to provide those things for free.

The bottom line here is simple–you may practice your religion in your church but not in the marketplace. That is totally contrary to the intent of the First Amendment. There are currently more than 40 lawsuits filed against this aspect of Obamacare. I just hope the good guys win.

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Where Was This Reported In The News ?

Breitbart.com reported today that the a federal judge has ruled that the supposed “safe harbor” in the mandate was not adequate to protect religious organizations, including the New York Archdiocese, from suffering imminent harm from the mandate. Because of this judge’s ruling, the archdiocese’s lawsuit against the HHS mandate in ObamaCare can move forward.

In his weekly column at the archdiocese’s website, Cardinal Timothy Dolan pointed out that none of the local media had reported the archdiocese’s victory.

The article reports the judge’s comments on allowing the case to move forward:

“There is no, ‘Trust us, changes are coming’ clause in the Constitution,” Judge Cogan remarked. “To the contrary, the Bill of Rights itself, and the First Amendment in particular, reflect a degree of skepticism towards governmental self-restraint and self-correction.”

The judge noted that the archdiocese could be saddled with millions of dollars in fines should the HHS mandate take effect. “Ignoring the speeding train that is coming towards plaintiffs in the hope that it will stop might well be inconsistent with the fiduciary duties that plaintiffs’ directors or officers owe to their members,” Judge Cogan said.

The HHS mandate is an attack on the freedom of conscience afforded to those employers who provide health insurance coverage for their employees. The Obama Administration has also restricted the right of conscience of those who currently work in the medical field.(rightwinggranny.com). As government grows, our individual rights shrink. It’s time Americans began to push back against the small, subtle taking of our individual freedoms.

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The House Of Representatives Has Passed A New Stolen Valor Act

On September 14th Stars and Stripes reported that the U. S. House of Representatives passed a new Stolen Valor Act. The first Stolen Valor Act passed by Congress was struck down by the Supreme Court on freedom of speech issues. The House of Representatives voted 410-3 to pass the revised Stolen Valor Act.

The article reports:

The bill states that those who misrepresent their military service with the intent of receiving something of value would be subject to up to one year in prison. Following the lines of the court ruling, it exempts from punishment those who simply wear military medals or decorations that do not belong to them.

The Supreme Court, in its 6-3 decision overturning the 2006 Stolen Valor Act in June, ruled that while lying about receiving military awards might be contemptible, it was protected by the First Amendment. Several justices, however, also noted that it was established that the government could restrict speech if it involved false claims made to obtain money or other benefits.

I understand why the Supreme Court struck down the first law, but I don’t agree with their decision. I am glad to see the House has passed a new law dealing with false claims, but I still think that misrepresenting military honors or military service for any reason should be regarded as a serious crime. To allow anyone to claim military service or military honors they did not earn is to me simply a further disrespecting of those who have served valiantly in our armed forces. I hope this new bill becomes law, but it is not nearly as severe as it needs to be.

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A Chance That The First Amendment May Be Upheld

There is a possibility that the First Amendment (free speech, religious freedom, etc.) may actually be upheld in the courts. The Blaze reported yesterday that a Federal court has upheld a lawsuit against the controversial contraception mandate, filed by Catholic-owned employer Hercules Industries.

On Wednesday I posted an article about Hercules Industries and their right to reflect their religious beliefs in their corporate policies. The Justice Department denied them that right and they have appealed to the Tenth Circuit Court of Appeals, which covers Colorado.

LifeNews.com reports:

A federal court issued an order Friday that halts enforcement of the Obama administration’s abortion pill mandate against a Colorado family-owned business while an Alliance Defending Freedom lawsuit challenging the mandate continues in court.

…Alliance Defending Freedom attorneys obtained the first-ever order against the mandate on behalf of Hercules Industries and the Catholic family that owns it. The administration opposed the order, arguing, contrary to the U.S. Constitution, that people of faith forfeit their religious liberty once they engage in business.

The decision only applies to the company, and the court emphasized the ruling did not apply nationwide.

This is good news. Federal judges had dismissed two other lawsuits against the contraception mandate. The decision of the Tenth Circuit to hear this case will eventually bring this matter before the Supreme Court regardless of what the ruling by the Tenth Circuit is.

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Losing Our First Amendment Rights

Townhall.com posted an article today about Hercules Industries, a Colorado-based corporation, a business owned and operated by the Newland family, that manufactures heating, ventilation and air-conditioning equipment.

The article reports:

The Newlands believe the morality the Catholic faith teaches them must animate their lives not only within the walls of the churches they attend, but literally everywhere else, as well — in the way they deal with their families, their neighbors and, yes, their business.

The Newlands sued to protect their free exercise of religion in this regard because Health and Human Services Secretary Kathleen Sebelius issued a regulation, under the Obamacare law, that requires virtually all health care plans to cover — without cost-sharing — sterilizations, artificial contraception and abortifacients.

Unfortunately, the family lost the lawsuit. The article reports:

In response to the Newlands’ complaint that ordering them to violate the teachings of the Catholic Church in the way they run their business is a violation of their First Amendment right to the free exercise of religion, the Obama administration told the federal court that a private business has no protection under the First Amendment’s free exercise clause — especially if the business is incorporated.

“The First Amendment Complaint does not allege that the company is affiliated with a formally religious entity such as a church,” said the Justice Department. “Nor does it allege that the company employs persons of a particular faith. In short, Hercules Industries is plainly a for-profit, secular employer.”

“By definition,” said the Justice Department, “a secular employer does not engage in any ‘exercise of religion.'”

“It is well established that a corporation and its owners are wholly separate entities, and the Court should not permit the Newlands to eliminate that legal separation to impose their personal religious beliefs on the corporate entity or its employees,” said the Justice Department.

The message here is very simple. You are free to practice your religion in your church. The government will no longer allow you to exercise your beliefs anywhere outside of that church building. This is a far cry from the early days of America when churches were routinely meeting in the Senate and House of Representatives and public prayer by elected officials was accepted and expected. The attack on the First Amendment rights of religious people is one of the main characteristics of Obamacare. Obamacare needs to go away as quickly as possible!

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