Religion
See other Religion ArticlesTitle: Idaho Attorney General Hell Bent
Source:
American Christian Liberty Society
URL Source: http://www.christianliberty.org/art/idahoaghellbent.html
Published: Apr 22, 2006
Author: H. Lance Freeman
Post Date: 2006-04-22 21:28:14 by David Alan Carmichael
Keywords: SSN, Constitution, Religion
Views: 558
Comments: 20
American Christian Liberty SocietyIdaho Attorney General Hell Bent On
Undermining The Idaho Religious Freedom Restoration Act
H. Lance Freeman
April 21, 2006
Larry Lewis put the Idaho's Free Excercise of Religioun Protected (FERP) law before the Department of Transportation when they told him that he could not longer have a driver's license unless he agreed to identify himself with a Social Security Number (SSN). Larry has come to the conclusion that participation in Social Security violates five of the Ten Commandments and is the number related to the Mark of the Beast. As he understands it, identifying himself with the SSN will earn him eternal damnation. Idaho's Free Excercise of Religion Protected (FERP) was enacted for just such an instance where a law or regulation creates a conflict with any particular religious practice. It requires the government to accommodate the particular practice unless doing would violate an absolutely necessary government funtion. Even when the government can prove that the law or regulation serves an absolutely necessary government function, the government has to find the method of carrying out the function upon that person in a way that least restricts their religious practice.
Larry's case is currently before the Idaho Supreme Court. He is represented by nationally renowned legal scholar Herb Titus from Virginia and local Attorney Stan Crow. Herb Titus came in like the cavalry just in time to draft a hurried brief to the Court just under the deadline.
The Idaho Attorney General position is that Idaho's law protecting freedom of religion is overridden by Section 666 of the Social Security regulations. The official position of the Social Security Administration is that ""The Social Security Act does not require a person to have a Social Security number to live and work in the United States, nor does it require a Social Security number simply for the purpose of having one." April 11, 2003 letter from Charles A. Mullen, Social Security Administration, Associate Commissioner, Office of Public Inquiries. However, Section 666 of their rules require states to demand identification with a SSN from anyone who applies for a professional, occupational, recreational, marriage or driver's license.
J. Tim Thomas, Deputy Attorney General, proposed that Social Security Section 666 compelled Idaho to exclude Mr. Lewis from protection under the Freedom of Religious Expression Protected law. Section 666 relates to "certain family" matters having to do with child support enforcement for those participating in Social Security. Mr. Lewis's contends that the government cannot justify their position that it is necessary for him to identify with a SSN. He is not a participant in Social Security, he is happily married to his only wife, he is not under any child support order, he and his wife have waived any benefit to the Social Security program because of their religious mandates, and use of the single universal identifier is merely for administrative convenience.
The case heated up recently when the United States Supreme Court, unanimously ruled upon a federal case relating to the Federal Religious Freedom Restoration Act (RFRA) that is much like Idaho's FERP [Gonzalez v. O Centro Espirita Beneficente Uniao Do Vegetal (Feb. 21, 2006)]. The U.S. Supreme Court's ruling seemed to track and agree with Herb Titus's brief on behalf of Mr. Lewis, and the defeated United States Attorney's argument seemed to be lock-step with the position taken by the Idaho Attorney General. Mr. Titus submitted a supplemental brief to the Idaho Court pointing out the direct similarities in the cases. In response, J.Tim Thomas conveyed that Section 666 none-the-less trumps Idaho's Free Exercise of Religion Protected statute.
Prior to the 'heavy-hitters' entering the ring, Mr. Lewis had carried this battle alone until November, 2005, when he contacted David Alan Carmichael in Virginia for help. Mr. Carmichael is the founder of the American Christian Liberty Society [http://webmail.assure.net/Redirect/www.christianliberty.org]. They are a fellowship of Christians who believe the SSN is the number of the beast referred to in the book of Revelation. Their members completely abstain from participation in Social Security and from identifying with its numbers for any reason. Mr. Carmichael asked Herb Titus to take on Mr. Lewis's case just before the final brief was due. Herb Titus had earlier come to Mr. Carmichael's rescue in a successful suit against the Navy after they discharged him for asking that the Navy issue a Navy generated "service number" in lieu of using an SSN as their Military Personnel Identification Number [David Alan Carmichael v. United States, 298 F.3d 1367 (Aug 2002); 66 Fed. Cl. 115 (2005)].
Mr. Carmichael says that a win in the Lewis v. Idaho case is critical to their work to try to secure religious liberty to those who comply with the Biblical precepts relating to the book of Revelation, Chapter 13. He said, "We are literally having to die to every common right known to other Americans solely because we will not forsake our allegiance to Jesus Christ. (Social Security) is a voluntary program from which noone seems to be able to not volunteer. Terrorism, drug-money laundering, dead-beat dads, and illegal immigration are the guises the government is using to implement the national identification number without which no man may buy or sell. Religious liberty protection under the law is available except for any religious objection to being adhered to the damnable number. The SSN is the number of the beast." Mr. Carmichael promised Mr. Lewis that he will do everything he can to support his case. "A win for Larry is a win for all of us", said Carmichael.
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