NARLA West Newsletter, July-August

On May 10, at a Freedom Day Celebration hosted by the Carlsbad Northcoast Christian Fellowship of Seventh-day Adventist, Judge Victor Ramirez spoke about how rights protected by Habeas Corpus (Amendments 4, 5, 6 & 14) have been affected since 9/11. He touched on the USA Patriot Act, the Homeland Security Act and the Military Commissions Act, emphasizing the unprecedented degree of secrecy and secret courts prevalent since 9-11. The following article is based on the author’s recollection, and his continued research, since no recording or transcript was made of Judge Ramirez’ presentation. No transcription or recordings of the event were made so the opinions expressed represent the recollections of the author. Judge Ramirez (R) was Judge of the Superior Court in San Diego and was the recipient of the University Of San Diego School Of Law’s Most Distinguished Alumni Jurist Award. A brief constitutional history was presented to lay a foundation for Judge Ramirez’ presentation.

The U.S. Constitution was signed on September 17, 1787 but the Bill of Rights (1st 10 amendments) was not ratified until December 15, 1791. James Madison proposed amendments to the Constitution to settle a conflict between the Federalists and Anti-Federalists. The Federalists believed that the Constitution, by separating the government into three branches, was adequate to protect individual rights. The Federalists were also concerned that a listing of Rights could prove dangerous, serving to limit rather than protect such rights. The Federalists believed the Constitution did not require amending. Others, including Thomas Jefferson, argued that the Constitution failed to adequately protect individual rights. They believed the “necessary and proper clause” of the Constitution gave Congress too much power. This group became known as the Anti-Federalists, who insisted there be limitations of power placed on the Federal Government to protect individual freedoms.

Out of this struggle was born the Bill of Rights which has been the foundation of a free society for more than two centuries. These amendments protect freedoms of speech, press, religion and assembly, the right to keep and bear arms, the denial of unreasonable searches and seizures, cruel and unusual punishment and no compelled self incrimination. In short, Life, Liberty and Property may not be deprived without “due process of law.”

Justice Clarence Thomas states: “We should always start, when we read the Constitution, by reading the Declaration . . .”i Justice Thomas, as well as other unitary judges, contends that the Declaration of Independence contains the structure of the Constitution. The weight of historical scholarship rejects any hint that the Declaration of Independence was ever considered part of the legal foundation of the new nation. Instead, it was written to justify separation from England. It was a revolutionary polemic, not law. In writing the Declaration, Jefferson invoked the “Laws of Nature” and “Unalienable Rights” which are derived from “Nature’s God.” He includes among these Rights “Life, Liberty, and the Pursuit of Happiness (Property).” Furthermore, he proposes that the Government derives its power from “the consent of the governed.” Jefferson didn’t invent this theory; it came from the pen of the humanist philosopher John Locke (1632-1704). Locke proposed that “The State of Nature” was governed by the “Laws of Nature” so that humans are “by nature” “free, equal and independent.” He therefore proposes that humans are granted “Life, Liberty and Property” by the Laws of Nature – NOT by the government.

To Jefferson and other Founding Fathers, it was not only necessary to establish a system of checks and balances in the Constitution but to establish a Bill of Explicit “Rights” to prevent the government from infringing on the “Natural Rights” granted to the citizenry directly from “Nature” and “Nature’s God”.

Many employment discrimination claims based on religion involve instances in which employers refuse to provide an accommodation for an employee's religious practices. Three primary problem areas arise out of conflicts between work requirements and holy day observance, religious garb, and religious grooming requirements. A few claims arise out of conflicts between religious faith and a specific assigned duty. It is not only members of small or poorly understood faiths whoe experience trouble in the workplace. Cases coming before the courts have included Roman Catholics denied time off on Christmas Day; Evangelical Christians denied time off to attend church on Sundays; Sikhs whose employers require them to remove turbans; Jews and Seventh-day Sabbath keepers for refusing to work on Saturdays; Muslim women for wearing head scarves; and attempts to force Rastafarians to cut their dreadlocks.

We spent Thursday morning in briefings on how to meet and lobby in the Congressional offices. After they divided the group of about 150 into smaller units, we were given our assignments. Our group included folks from Colorado, Oregon, and Missouri. Our group leader was Charles Steinberg, Attorney, who works for the Northwest Religious Liberty Association, which means his boss is the speaker scheduled for October, Greg Hamilton. Our six appointments, covering our three states, kept us running from one office building to another in heat and humidity Coloradoans aren't used to!

One of our team, Shawn D'Abreu, is confined to a wheelchair, and the heat was pretty intense for him as he wheeled himself what seemed like miles to these offices. Shawn is a Public Policy Specialist in St. Louis, MO, and represents those with physical handicaps to obtain fair and reasonable accommodation. He was confident enough to lobby Senator Clair McCaskill's aide, Hannah Mellman.

Lobbyists often meet with Congressional aides, who listen to a condensed version of the bill. They take a copy of the Bill in question, read it and condense it into a brief that the Congressman can read and solidify his position on the issue - pro or con. Most of our meetings, including those with Congressmen Salazar and Allard, were very positive, meaning the aides were able to say the Congressmen were familiar with the Workplace Religious Freedom Act, and generally supportive.

The bill is being held up in committee by Gay and Lesbian groups who are fearful it will be a problem for people with their proclivity because, they suspect, Christians in the workplace will hassle them. Actually, there is nothing in the bill to indicate that would happen, but the WRFA supporters have included wording that specifically prohibits that from happening. It is hoped that this bill will be out of committee and be brought to a vote, finally, after seven years, by the end of the year. The reality is it probably won't happen until after the elections and inauguration.

Visiting these historic office buildings, meeting with these young people who are working tirelessly to aid our Congressmen, was an awe-inspiring honor. To be part of the process in a way that matters as much or more than a vote on election day, was an experience none of us will soon forget.

Thursday evening, the banquet at the Capitol Hilton was a posh affair, but very meaningful. Four Religious Liberty Advocates were given plaques of appreciation, including Carl Wilkens, who spoke at our church RL rally about three years ago. He was the only American to stay in Rwanda during the genocide.

Friday was American history day, and arrangements were made for the participants to visit the White House and the Holocaust Museum. Because of security issues, the White House was very limited. The Holocaust Museum was very depressing; four floors of memorablilia of the Holocaust, including video presentations. It was up to us to visit the Smithsonian as our interests dictated, and that filled up the day! We had to be at the Takoma Park Church for vespers by 7, and listened to Ed Reid both Friday evening and Sabbath morning. We do have the DVDs of his presentation if you are interested, please ask me about borrowing them.

The South Asian Connection website has a great article about the persecutions this Christian minority face. READ MORE

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.

Have you noticed this Amendment appears in the Montrose Daily Press on the editorial page several times a week? Mr. Woody receives Liberty Magazine. Do you think there is a connection? Take a moment to email him a note of thanks for recognizing the importance of this very first amendment? (SteveW@montrosepress.com)

READ MORE!

Next Tuesday, February 12, 2008, is a historic day. For the first time in a generation, a representative of the Seventh-day Adventist Church will be testifying before Congress in support of the rights of Sabbath keepers and other people of faith in the workplace. It is a historic opportunity-but to capitalize on it, we need two things in advance.

First and foremost, we earnestly seek your prayers. We know we are weak, we know the odds are firmly against us, and we know just how vulnerable we are. But we also know we serve an all-powerful God who listens when His people call upon Him.

Second, and very importantly, we need our church to raise its voice to Congress like we've never done before. Send your letters now at www.religiousliberty.info. In under two minutes you can send a letter; there's even a letter there already written for you to use. If you prefer, you can write your own letter on the site and have it sent.

Two minutes is a small price to pay for freedom! What if you've already sent a letter? Take a minute to send another letter to keep this vital bill fresh before Members of Congress. And please pass on this note to your family and church friends, so they can raise their voices, too. This is our chance to stand up and be counted in a very real way for religious liberty. Let's not let it pass us by.

Do your part to support our religious liberty in this country.  The cost is free, but the reward is great.

Thank you.