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What Is Gray About Our Constitution?

By David J. Smith
June 20, 2009

Our forefathers gave us a Constitution, along with its Bill of Rights, that gave us maximum freedom under God. That was a long time ago. We have had a Republic with the freest people on earth. However, something has smelled like a rotting Constitution and Bill of Rights for decades now! Government on the local, state, and federal level has been responsible.

Actor Chuck Norris is a staunch Constitutionalist. He wrote about an incident that occurred in San Diego County, California. “Recently, a California pastor and his wife were required by San Diego County officials to obtain a permit to hold a Bible study in their home.

“What?! Is this a joke?” I wondered as I heard the news for the first time. It was no joke. Rather it’s a First Amendment nightmare and possibly a precedent of what’s to come.

Are you prepared for a future in which you might someday hear the question, “Got your permit to study the Bible?” On April 10, a county code enforcement officer visited the home of David and Mary Jones, after receiving a complaint about their Christian gatherings. The Jones’ attorney Dean Broyles, president of The Western Center for Law & Policy, conveyed in disbelief, “The county asked [Mrs. Jones], ‘Do you have a regular meeting in your home?’ She said, ‘Yes.’ ‘Do you say amen?’ ‘Yes.’ ‘Do you pray?’ ‘Yes.’ ‘Do you say praise the Lord?’ ‘Yes.'”

The officer then warned the family to “cease and desist” the “religious assemblies” or they would face fines up to $1,000 weekly (or more). Two days later, the county delivered a citation claiming that the Joneses were guilty of “unlawful use of land,” mandating them to “stop religious assembly or apply for a major use permit.”

Attorney Broyles appropriately responded, “If the county thinks they can shut down groups of 10 or 15 Christians meeting in a home, what about people who meet regularly at home for poker night? What about people who meet for Tupperware parties? What about people who are meeting to watch baseball games on a regular basis or who support the Chargers?” Over this past weekend, barraged by hundreds of complaints after WorldNetDaily broke the news to the international community, San Diego county officials informed the world that they’ve backed down from requiring the Joneses to obtain a permit. Despite their retraction (based solely upon public pressure), however, I am appalled how far the county’s enforcement and encroachment CROSSED the Constitutional line and became a FLAGRANT DISREGARD for Americans’ right to exercise their religious freedom! I’m concerned that we will see far more of these overreaching governmental actions in years to come.

As Mary Jones shared with FOX News, “The implications are great because it’s not only us that’s involved. There are thousands and thousands of Bible studies that are held all across the country. What we’re interested in is setting a precedent here, before it goes any further, and that we have it settled for the future.”

I’m not expecting county officials to be constitutional lawyers, but they should be made aware of these basic precepts of America’s makeup. For example, prior to the San Diego officials recanting their position regarding the Joneses’ Bible study, Chandra Wallar, the county’s general manager of land use and environment, declared that, “The Bible studies are one that’s probably in a very gray area.”

VERY GRAY AREA?” Is there anything “very gray” about the First Amendment???

I agree again with Attorney Dean Broyles, who explained further to FOX News, “The government may not prohibit the free exercise of religion. I believe that our Founding Fathers would roll over in their graves if they saw that here in the year 2009, a pastor and his wife are being told that they cannot hold a simple Bible study in their own home.”

One of the geniuses of America’s Founding Fathers was to provide and secure a foundation of our freedom of religious belief. The First Amendment simply reads: “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.”

Could it be any clearer that government will not “prohibit the free exercise thereof?”

We’ve butchered the First Amendment until it doesn’t resemble what our founders intended. Even when Thomas Jefferson penned that legendary commentary on “a wall of separation between Church and State,” in his letter to the Danbury Baptists (1802), he was only concerned with prohibiting the domination and legislation of religious sectarianism in government, as it was back in England, and even in some early colonies like Virginia. However, he was not trying to rid government or civic settings of religious influence and practice. In 1789, during the same time when the First Amendment was written, then-President George Washington signed into law the Northwest Ordinance, which states, “Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.” [End of Chuck Norris article]

Righteousness exalts a nation.” (Proverbs 14: 34)

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