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The Bill of Rights is Not Dead Yet

Written by Jeremy Dys
Special Counsel for Litigation and Communications, First Liberty

We did not suddenly arrive to the moment where riot police arrest CNN journalists. Though the issues may be complex, recent history suggests that the suppression of civil rights—even for a pandemic—leads inexorably to the abuse of other core freedoms by the government.

Until recently, several states—including Minnesota—declared that it was unlawful to engage in the free exercise of religion in groups of ten or more. When churches dared pursue legal recourse to correct that issue, politicians, pundits and journalists offered criticism.

As one of the attorneys on the receiving end of that criticism on more than one occasion, it left me perplexed. “What’s the big deal?” they might say, “Why can’t churches just worship online?!

The answer should be obvious to any with a passing appreciation for the First Amendment. Our U.S. Constitution guarantees the “free exercise of religion” and the “right of the people peaceably to assemble.” In other words, those with a divine mandate to meet together in worship—regardless of the religion in which they participate—should not require the permission of the state to do so, nor may those rights be treated as lesser rights to visiting retail, restaurants or hardware stores. There is no pandemic exception to the U.S. Constitution.

Because we have (for now) survived the political left’s vision for the lesser “freedom to worship,” we ought to appreciate the free exercise of religion all the more. State officials are not immune from brutal and corrupt behavior. Indeed, the very reason we have a First Amendment is to guard against the natural aggression of power toward that which challenges a state’s authority.

The last three months reveal that too many state and local officials often resist that limitation on their power. The truth serum embedded in the coronavirus appears to be that it reveals the lust for power dormant in many public officials. They believe it within their power to, like a light switch, turn civil rights on or off as they see fit.

If that is the view of some state officials, as we have seen in New York City Mayor Bill de Blasio, Illinois Governor J.B. Pritzker and others, then there can be no surprise whatsoever that other state officials would place journalists—also unequivocally protected by the First Amendment—under arrest.

Of course, this fundamentally disagrees with the central message of our Bill of Rights: The rights articulated therein belong to, and remain with, the people by virtue of their humanity. The limited rights of government—what the people empower government to do—are articulated in the body of the U.S. Constitution. The Bill of Rights make plain what the people refused to permit the government to govern. Together, this works to restrain government and ensure freedom.

If you have been inclined to roll your eyes over citizens insisting upon their religious liberty just to sit in a car at a drive-in church service, remember that part of what they seek to prevent is what we now see in the detention of four CNN journalists. Religious people, lately held in contempt by some for simply wishing to exercise their religion at a safe social distance, are actually doing their part to preserve everyone’s freedom.

Minneapolis Mayor Jacob Frey should understand this by now. When the threat of litigation by the Roman Catholic Church and Lutheran Church-Missouri Synod forced Governor Tim Walz to recognize that churches could safely meet in-person at a bare 25 percent capacity, Mayor Frey declared the idea to be, “a recipe in Minneapolis for a public health disaster.” Frey went on to suggest to CNN that religious people may be less capable of social distancing than shoppers at the Mall of America. They should stay in their virtual worship services, you see, for their own good lest these religious people infect us all.

Four days later and Mayor Frey’s office is handing out free face masks to those engaged in a form of free speech (and worse)—in groups quite larger than ten—while the police take members of the free press into custody.

Being “all in this together” means that, whether we agree or disagree, we each do our part to insist that our civil rights are secured—even in the midst of a pandemic or panic. Without that commitment, the erosion of our civil rights—and our very freedom—is where it leads.


This article was originally published online on Newsweek on June 1, 2020.




Exploiting a Pandemic to Ban Church

Big Brother—er, I mean—the Mendocino County, California Health Department has issued an Order mandating the following for streaming church services:

No singing or use of wind instruments, harmonicas, or other instruments that could spread COVID-19 through projected droplets shall be permitted unless the recording of the event is done at one’s residence, and involving only the members of one’s household or living unit, because of the increased risk of transmission of COVID-19.

This Order applies to streaming church services even if “Only four individuals” are present and they observe the social-distancing requirements that include,

maintaining at least six feet of physical distancing from other individuals … , frequently washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer that is recognized by the Centers for Disease Control and Prevention as effective in combatting COVID-19, covering coughs or sneezes (into the sleeve or elbow, not hands), regularly cleaning high-touch surfaces, not shaking hands, and, for those who are not on camera, to wear facial coverings as much as possible.

Could a church even have a streaming service that included music with fewer than four people? Remember, the off-camera persons managing the technical aspects of streaming a service would need to be present.

While singing may be deemed non-essential to non-Christians, they have no moral right to impose their non-Christian beliefs on Christiansincluding on four Christians in a nearly empty church who are standing six feet apart with bleached hands during a pandemic.

God’s holy Word has a lot to say about singing:

Make a joyful noise to the Lord, all the earth! Serve the Lord with gladness! Come into his presence with singing! (Psalm 100: 1-2)

Oh come, let us sing to the Lord; let us make a joyful noise to the rock of our salvation! Let us come into his presence with thanksgiving; let us make a joyful noise to him with songs of praise! (Psalm 95:1-2)

I will sing to the Lord as long as I live; I will sing praise to my God while I have being. (Psalm 104:33)

Let the word of Christ dwell in you richly, teaching and admonishing one another in all wisdom, singing psalms and hymns and spiritual songs, with thankfulness in your hearts to God. (Colossians 3:16)

Sing to God, sing praises to his name; lift up a song to him who rides through the deserts; his name is the Lord; exult before him! (Psalm 68:4)

While the U.S. Constitution expressly protects the free exercise of religion and the right to assembly , “progressives,” many of whom have stated they respect neither religion nor the U.S. Constitution, are discovering in the penumbras formed by emanations from the Chinese Communist coronavirus (and the “LGBT” ideology) rationalizations for the erosion of our most precious rights. As the Bill of Rights is being devoured right before our eyes, the ravenous, slavering “progressive” blinkered beast who was once known by the gendered name Big Brother grows.

What happens when politicians and unelected government bureaucrats with barely concealed contempt for theologically orthodox Christians discover that pastors project droplets when they preach?

Listen to this article read by Laurie:

https://staging.illinoisfamily.org/wp-content/uploads/2020/04/Exploiting-a-Pandemic-to-Ban-Church.mp3


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Serving Others in a Time of Crisis

The events of recent days have thrown all of us into unchartered territory. With schools, restaurants, libraries, events, and even churches suspending normal operations, our lives have been disrupted in ways large and small. The impact is real, and depending on how long this lasts, it has the potential to deepen even further.

How should God’s people respond?

In Acts 10:38, in the midst of his sermon to Cornelius and his household, Peter tells us that Jesus “went about doing good.”

That’s an interesting—and compelling—description. Too often, I think we view Jesus’ ministry exclusively through the lens of spiritual redemption. Yes, that was His main point and purpose in coming to earth, but He underlined His concern for our spiritual well-being by meeting countless physical needs. He fed the hungry, healed the sick, raised the dead, and washed dirty feet. He mourned alongside Mary and Martha and cooked fish for hungry disciples. He was concerned about every dimension of the well-being of those around Him.

Likewise, the early church acted with radical self-sacrifice to help those with needs. The idea that Christians should only be concerned with the spiritual well-being of others isn’t found in Scripture. Yes, we should be concerned for the lost, but like Jesus, we can go about doing good—spiritually and materially. Sometimes helping others in the material realm will be the door God uses to allow us to minister spiritually.

I don’t pretend to have all the answers about how the church can serve our communities in a time of pandemic. There are cautions to be observed, to be sure—both for our own safety, and for the safety of those we would help. But even with those cautions, we can be alert to opportunities to meet needs around us. And when we do, we’ll not only be a blessing to our communities, we’ll be following in the footsteps of Jesus.

How can we serve? That’s a conversation my wife and I been having recently. We’ve made ourselves available to help one of our next-door neighbors with errands. He’s an older fellow believer who lives with a compromised immune system. Why should he go out to the store when he has young(er), healthy neighbors who can do it for him? I’ve also told our pastor that we’re available to help out other church members if there’s a need for a meal delivered or groceries picked up.

We’re also planning to assist my elderly grandparents in any way we can. My grandmother has been declining mentally for the past several years to the point that she’s become very difficult for my grandfather to care for. It used to be a relief to him to be able to get both of them out of the house a few times each week to meet friends or family at a restaurant for dinner. With all restaurants closed, he not only has lost that diversion, he also has the added burden of extra cooking. We plan to help ease that burden as we’re able.

These are small things, perhaps, but if we all take care of our own small acts of kindness toward those around us, perhaps we can lessen the burden of the coming weeks or months. Even a cup of cold water given in Jesus’ name is worthy of notice in God’s eyes.

Many families may also be facing financial hardships as the economic fallout builds. Perhaps there’s a single mom near you who just lost her job and doesn’t know how she’ll cover her bills. Or maybe there’s a small business owner who wants to keep his doors open after all of this is over but can’t pay the rent when he doesn’t have any customers due to the virtual shutdown. If God has given you the financial means to bless others, now would be a great time to look around to see who needs help. Ask your pastor, friends, or neighbors if they know of anyone who’s been hit hard and see what you can do.

I don’t know what additional opportunities we may have to serve others in the coming days. We all have our own families to think about and provide for, but I certainly want to be alert to opportunities as God brings them along. I challenge you to do the same.


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