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