Monday, March 27, 2017

Gov’t Claims the 1st Amendment Only Protects Your Right to Choose a Religion


Well, here’s a new twist on the 1st Amendment!  The U.S. Court of Appeals for the Tenth Circuit heard oral arguments in a case filed by Ms. Mary Anne Sause – a Catholic former nurse – who was ordered by Louisburg, Kansas police officers to stop praying in her own home.

Background:
In the fall of 2016, Ms. Sause was threatened to arrest over a simple noise complaint.  She was home late at night when the police came to her home.  When they knocked at the door, they did not identify themselves as police, and with her front door’s ‘peephole’ inoperative, she did not open the door.  They returned later and identified themselves as police, then demanded to be let in to her apartment.  As they berated her for not letting them in the first time, they refused to give a specific reason why they were there … as is required.  When she showed them a copy of the Constitution and Bill of Rights given to her by her congressman, one of the officers mockingly said, “That’s nothing, it’s just a piece of paper — [it] doesn’t work here.”  The officers continued to act in a belligerent manner toward Sause, telling the terrified woman she should prepare to go to jail.  She asked if she could pray beforehand, and while one of the officers granted her request, the other told her she could not pray in her own home.

First Liberty Institute (FLI), a national religious freedom law firm, took up Ms. Sause’s case and sued, but the district court threw out the complaint entirely – denying Sause her day in court.  Her attorneys have appealed to the 10th Circuit Court of Appeals in Denver — ironically, the court to which Supreme Court nominee Judge Neil Gorsuch has been appointed — in an effort to have the case remanded back to the lower court with instructions to hear the case.

As part of the motions filed before the hearing, the attorneys representing the police made an audacious claim last December: “The act of stopping [Sause]’s prayer did not burden her free exercise of religion” … because only conduct that forces her to change her religious practices or causes her to stop praying altogether would violate the Constitution.

In last week’s court briefings, government attorneys defended the police officers’ actions by arguing that the 1st Amendment’s ‘free exercise clause’ only “protects an individual’s right to choose a religion.”

FLI attorneys say the government’s argument could set a dangerous precedent for how the 1st Amendment protects religious freedom.  “The free exercise clause protects an individual’s right to do exactly that — to freely exercise his or her faith,” says Stephanie Taub, Senior Counsel for FLI.  “The government’s attempt to redefine the First Amendment through this case could set a dangerous precedent for religious freedom.”

FLI asserts the free exercise clause’s protection extends beyond the right to choose one’s own religion and includes the right to pray in the privacy of one’s own home … which is a fundamental right clearly protected by the 1st Amendment.  They argue that commanding her to stop praying without a legitimate law-enforcement justification burdens her ability to freely exercise her religion in her own home.

The case, Mary Anne Sause v Timothy J. Bauer, et al., was heard before a three-judge panel of the Tenth Circuit.  Bradley G. Hubbard, Associate with Gibson Dunn, argued the case as co-counsel with FLI. 

“Prayer is essential to my faith and everyday life,” Ms. Sause said following the arguments.  “Not a day goes by when I don’t pray.  It is concerning to see the government claim the First Amendment protects my right to choose my religion, but not my right to pray in the privacy of my own home.”

“The First Amendment guarantees the right for all Americans to freely exercise their faith,” Taub says.  “First Liberty Institute is committed to defending that freedom for every American.”

The 1st Amendment to the U.S. Constitution reads: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof …”  In other words, as law-abiding citizens of the United States of America we have the right to practice our religion without government interference.

Rev. Dr. Kenneth L. Beale, Jr.
Chaplain (Colonel-Ret), U.S. Army
Pastor, Ft. Snelling Memorial Chapel

5 comments:

  1. The judge should be impeached and the cops should be suspended w/o pay until they can show that they understand the Constitution!! That's what SHOULD happen but nothing will. No one in government is ever held accountable. John Adams said, "our constitution was made only for a moral and religious people, it is wholly inadequate to the government of any other"

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  2. Yet supposed "men" supposedly "of God" at a church run by the writer of this Blog, and he himself, can break laws, mock life-threatening disability, berate a legally disabled woman and veteran when she cannot drive safely after surviving critical care, both "pastors" (or is that "bastards?") berate, slander, tear asunder, falsely accuse, whle proclaiming God and Christ! authorities assume see documented defamation, "abusive cruelty," "arrogance" by paid staff and "leaders," who believe anyone with a title or their wives can act as they please at another's expense. With NO accountability. A former Board President deceives illegally and unethically, as does his wife. So God watches and heard every word and cruelty, while YOU were protected, and all promised meetings broken. Don't wrote as though you care about injustice, or female Christians, when authorities simply need my signature to arrest, close doors, stop all of your paychecks. Clearly, there is plenty of time to write blogs, but not one single moment to respond or communicate when others are deleted and dictated to as through they are commodities. There is NO pastoral care, communion, Unity, right relationship, or anything that Christ and God expect of :leaders."God watches as nothing is done. How many more incidents of physical suffering should occur one by one to those who mocked, turned their backs? A transcribed phone call by a paid "leader" is called "abusive" by the State and attorneys, and simply needs to go to print with my signature, arrest made, and your paychecks ceased. Does God yet call you to any Righteousness? Or does the mockery of God and Christ continue?

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  3. Over 12 solid, documented lawsuits, and more viable by the State, including severe violations of the Americans with Disabilities Act, including what authorities call "abusively cruel retaliation" over private concerns raised after the devastatiuon, destruction, and expense (over $22K in 2 months) over unethical and disturbingly illegal actions by men with titles, including the writer of this Blog. All were protected month after month while waiting for promised meetings, all broken. Documented cruelty and broken laws by paid "leaders" make this the greatest case of cruelty, broken laws, defamation, violations of the ADA, violations of 501 status, violations of terms for use of building structure (by acting illegally and unethically), severe and repeated discrimination (documented. Years of documented character and the cruel, sexist, discriminatory defamation that would never be done to a man or wife of any man at this church with a title. A church is not a private club or dictatorship, where all those with a title and paycheck, or any of their wives, can do as they please at another's expense. "Where the Veteran ..." if she is decorated, legally disabled, is groped on Livestream, repeatedly survives service-related lung failure, lovingly serves while on oxygen and half-alive medically, in cardiac rehab, long-term, service-related lymphoma, kidney damage and difficulty walking or standing, is berated, illegally deceived, slandered, mocked, defamed, and discriminated against, all before God and Christ, is NOT "served." God the Ultimate Authority saw it all - the court case (over 15 total) and national story ready to go to print are nothing compared to the Prevailing Righteousness the Lord will display, as He sees absolutely no repentance, remorse, and nothing done ... by "men," ... "of God."

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  4. Women receiving cruelty by men when they've done absolutely nothing wrong is a theme most women are used to! You can attend the church of the writer of this blog, and your copyrighted ,material is taken and used without permission, while you have been repeatedly homebound after surviving cardiac arrest and pulmonary failure at the side of the road while already disabled! You can be berated for your "volunteer attitude" when you cannot drive safely, do not have enough oxygen to stand easily, have brutal kidney damage, and the writer of this Blog takes your copyrighted material and uses it, all without permission! But that is your right correct? A "man" "of God" can slander, mock, berate, dictate to, falsely accuse while you protect every single person, including him, when broken laws and unethical actions leave you in critical care with over 22K in expenses! When you survive repeated cardiac damage from nearly dying several times since coming to this Chapel, you are told by "men" "of God" that your disability is YOUR fault. Either every person at the chapel with disability should be told it is their fault, or it is complete discrimination. Where was the communion, prayer, or visit while on 12% lung capacity with the horrid kidney damage? So why don't you explain to a judge, a court, and the State this supreme and unusual right that God did not bestow upon you. When the writer of this Blog deletes you from any fellowship or community, despite protecting him while you receive the horrific bills for unethical and illegal actions, and one leader cries in his yard, says the writer of this Blog "will be crushed"over what happened, you both proceed to mock, berate, falsely accuse. Thus others carry on YOUR defamation, meanness, and slander. Thankfully, it is entirely documented, and the Lord God heard and saw every single one of your actions. No man or wife of a leader would be told her service-related disability is her fault, because of her attitude re speaking up over broken laws that caused expense and damage. A judge will ask whether you would or would not like your own called the same, or enduring the same. While you took my copyrighted material, I stood in the back of this church, half-alive, on oxygen, severe kidney damage, and viral cardiac damage I came to this chapel with, and survived cardiac arrest at the side of the road, lovingly SERVED, and you and -others hurt and hurt, mocked, infantalized, destroyed, and turned their backs, all while God watched. God is still watching. Authorities saw libel, slander, defamation, discrimination worse than that of the 70s by secular men. God watched it all, while every month after being horribly groped on Livestream while living with lung collapse, lymphoma, and severe weakness, every single person was protected, while I missed every single coffee hour, fellowship, and class, all so that a violator could maintain his reputation and no one else affected by this ugliness; and on a recorded phone call by a paid leader, I am called "selfish," "arrogant," "special," "think only of myself," while I then had over 90K in expenses from broken laws by men at this chapel. If you wish the court orders secured and doors padlocked, keep doing nothing, while the national story, entirely documented, goes to print and over 15 solid lawsuits filed. Once-loving friends gladly turned their backs, denied any care or regard despite knowing of homeboundedness, and not one single Christmas Cardor kindness by any but a rare few who truly follow Christ and know of everything that happened. God watches everything not done, as you with titles proclaim and proclaim His name.

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  5. The men in the case written about in the case above are NO DIFFERENT than men with titles at this very church! They harm and do as they please, regardless of LAW, RIGHTS, and God's Word! Then they simply punish the women involved when SHE SPEAKS UP about basic rights, basic laws, basic integrity, which only a few men at this Chapel actually believe she has a right to!
    They take no accountability nor are held accountable, as there are no codes of honor or any codes whatsoever that anyone with a title has to honor or adhere to. None. Severe disability discrimination, and severe disability are completely mocked, and made a mockery of, and it is all documented for authorities and the State. A letter of character from the USMC and thus more valid lawsuits, will make this a hallmark case. A judge will force public apologies and statements that must satisfy, as wella s restitution from all of your assets, while doors are closed for the same period of time I have paid for the horrific harm done, and a forced restructuring with oversight to ensure every human being entering the chapel doors has a right to worship without harm, laws broken, unethical practices, retaliation, mockery of disability and the Disabilities Act, no discrimination, a right to volunteer and not have limitations MOCKED, a right to pastoral care when homebound, and a right to not receive defamation, slander, false accusations, libel, or other unethical and cruel actions. A judge will ask you if you would like your wives and daughters horribly groped, repeatedly, with a man's wet mouth on her neck while she has lymphoma and survived a collapsed lung, then have men mock, deceive, infantalize, berate, while they proclaim God andChrist and tell her that her service-related disability is HER FAULT, because that's what you both did to me, and it is all documented.

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