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Religion See other Religion Articles Title: [LWAN]: An Appeal to the US Supreme Court David Carmichael, who won his case against the US Navy for unlawfully forcing him out of the Navy instead of accommodating him in his religious beliefs, is campaigning for support in continuing on the Idaho case of Larry Lewis. Larry was refused a driver license because he could not in good conscience identify himself with an SSN. He lost and the loss was affirmed by a superior court. It was appealed to the Idaho Supreme court, but they refused to hear it, thereby affirming the SSN requirement to obtain a license. The next step is to appeal the case to the US supreme court. What follows are two communications from David, the first describing the basic plan and the second going into legal detail. The "Herb" referred to is Herb Titus, attorney for both larry and David in their respective cases. --- "How can I help?" Here are things that I am trying to do this week: 1. Getting Herb to read Larry Becraft cases so that Herb will want to corroborate with him. 2. Get Larry to commit January to the cause. 3. Raise $25,000 to get the case filed. 4. Get as many people as I can to commit to some sort of financial support, or to raising support from within their state. If Kentucky sent $100 a month for the next year (10 per month for 10 people) then that would be $1,200 from Kentucky. If I can get 50 states to do that, it will be $60,000. We could pull off a U.S. Supreme Court case plus a joint action in Federal District Court. Chances of getting the U.S. Sup. Ct. to take the case? Out of 9,000 cases, they will take about 150. Never-the-less, we need to go for it for three reasons. 1. The Idaho Court claimed 42 USC 666 preempts the Idaho free exercise of religion statute. That subject matter is very important and the Idaho decision is horrible. There are statutes that preempt State laws but they relate specifically to the enumerated powers of the U.S. Constitution. The immigration statutes are part of the enumerated powers and they specifically state that they preempt State law. In the 42 USC 666 case, marriage and child support are reserved to the People and then to the States respectively. Also, the Idaho religious statute was passed because the U.S. Sup. Ct. ruled that the Federal Religious Freedom Restoration Act did not preempt State law. Yet the 666 provision does???? 2. We have to put it before the court as soon as possible. The REAL ID deadline is very soon. Sometimes it takes several cases to go before the court before they pick one up. The sooner we start poking them in the eyes, the better. 3. Larry Lewis has worked hard for himself, his family and for us. A few other folks have given sacrificially. We ought not to just let it drop without taking it as far as it needs to go. If we win, there will still be lots of work to do. If we lose, there will even be more work to do. We have to keep up the momentum. We cannot quit even though we would like to. The Lord, and the Beast, will not let us quit. "Deliverance will eventually come for (us) but we quitters and our families will surely die. Perhaps we have been made for such a time as this." Esther 4:13 analogy. What you can do: Find has many people as you can who will commit $10.00 for the next year. If you can muster at least ten, we have Kentucky taken care of. Then I will try to find others in several States that will do the same. Print out flyer's from our web page. Contact everyone that you know who is concerned about this stuff. Have a yard sale, or a group 'rumage' sale, and donate the funds. Write an email to me saying what you will personally commit to doing. I will tally it up and publish the numbers for each State, keeping the givers anonymous unless they specifically indicate that their names can be used. I will also forward emails to Herb Titus so he can be sure the we really give a hoot. So far, it has been a handful of people providing support and doing the work, and many hundreds who are sitting by enjoying the show and providing sideline commentary. My hope is that we can join together. I get weary working and serving and just to have it all seem to fall flat. I will continue to work and serve until the Lord takes me. Bro. David ------ Vision For Action For The American Christian Liberty Society In summary, it is imperative that we assist Larry Lewis in Idaho to file a Writ of Certiorari in the United States Supreme Court to find and declare: 1. Religious Obligations are superior to the preferences of the legislatures of the United States and the several States regarding the implementation of 42 USC 33;666, especially to those men to whom 42 USC 33;666 does not apply. 2. Idaho's (or any other of the several states for that matter) Free Exercise of Religion Protected Statute is not preempted by 42 USC 33;666. - There are other issues and points of law that will be addressed - The second thing that needs to be done is to prepare a comprehensive plan to file suit against certain Federal agencies, and/or States that are violating law under the guise of fulfilling 42 USC 33;666. Such an action will be brought on behalf of several members of the Fellowship who are being damaged through the loss of their livelihood. Funds are needed immediately for writing and publishing of the Writ of Cert by February 7, 2007. If the funds do not come, we do not file the Writ. If the funds that are donated are not sufficient for the costs of filing a Writ of Certiorari, then the funds that have been donated will be set aside for the planning and submitting of a well thought out, strategic suit in Federal court, or possibly a State court. Historically, I am horrible at raising funds. Yet, historically, God supplies our needs by the stirring of the hearts of His givers in spite of my futile attempts at donation inspiration. Historically as well, the Lord has been faithful to inspire my visions for action. It seems that He has given me big visions, that I cannot accomplish, that He accomplishes to glorify Himself. See II Chronicles 16:9. This 666 issue is problematic throughout the entire country. People cannot just stop what they are doing in the ordinary course of life and business when they are denied various licenses. They must travel, often by automobile. They must work, by contract or otherwise. They must do that which is necessary to do in their God given calling. Men and women are being put in jail for doing such things, ultimately because of their allegiance to Jesus Christ. Summary of the Larry Lewis case: The Idaho Court of Appeals decided that the Idaho Free Exercise of Religion Protected Statute, and by implication - law relating to Religious Liberty in Idaho, is "preempted" by 42 USC 33;666 which requires: (13) Recording of social security numbers in certain family matters. - Procedures requiring that the social security number of - (A) any applicant for a professional license, driver's license, occupational license, recreational license, or marriage license be recorded on the application. This 666 statute is one of the instruments being used to implement the unique government issued identification number whereby no man, rich or poor, slave nor free, may do those things necessary in the ordinary course of life or business (buy or sell so to speak) without rending the number. If what the Idaho Court said is true, section 666 is an ordinance that the government is elevating above all law in the land. Increasing numbers of people are convinced that the SSN is the manifestation of the 'number of the beast' referred to in revelation. It is a number that requires voluntarily participation, yet governments and businesses are partnering together to persecute those who do not participate. The traditions of American law, that hold that the duty that we owe our Creator is not subject to government or neighbor coercion, are being usurped by the application of section 666 of the welfare code. We are seeing the implementation of that which was predicted in the book of Revelation. While it is still day, while American's are still saying that the nation is "free", let us to that which is necessary to retrieve and secure our liberty to be subject to God without being punished because we are not rendering greater homage to a man-made beast. Here below is the Idaho Legislature's statement of purpose regarding Free Exercise of Religion Protected: The purpose of this legislation is to reestablish a test which courts must use to determine whether a person's religious belief should be accommodated when a government action or regulation restricts his or her religious practice. The test, known as the "compelling interest test," requires the government to prove with evidence that its regulation is: (1) essential to achieve a compelling governmental interest and (2) it is the least restrictive means of achieving the government's compelling interest Prior to 1990 the U.S. Supreme Court used the above test--the "compelling interest test"--when deciding religious claims. However, in a 1990 decision (Employment Div. of Oregon v. Smith) the Court tipped the scales of justice in favor of government regulation by throwing out the compelling interest test, which had shielded our religious freedom from onerous government regulation for more than 30 years. The Smith decision reduced the standard of review in religious freedom cases to a "reasonableness standard." While all l other fundamental rights (freedom of speech, press, assembly, etc.) remain protected by the stringent "compelling interest test," the Court singled out religious freedom by reducing its protection to the weak "reasonableness test." A widely recognized principle of law is that states are free to protect an individual's right with a much higher standard than the U.S. Constitution itself affords. Thus, in light of this principle in conjunction with the Boerne decision, states are free to enact their own RFRA's thereby choosing to apply the higher "compelling interest test" standard in their own religious freedoms cases...
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