Victorious Litigator Helps Others Remove the Mark of the Beast
Calling all liberty lovers... How would you like to take your 
  SSN objection case directly to the United States Supreme 
  Court? I wish I could. However, I can get the same thing 
  accomplished by helping Larry Lewis win his case. Read the 
  article below and let me know if you are willing to get in 
  on it. 
  
  Religious Liberty Law Preempted By §666 
  
  H. Lance Freeman 
  November 30, 2006 
  
  The Idaho Supreme Court refused to review an Idaho Court 
  of Appeals ruling that Section 666 of the Federal Social 
  Security Code (42 USC §666) preempts Idaho's Free Exercise 
  of Religion Protection Act (FERPA) . Section 666 appears
  to mandate that every State force everyone to identify with 
  a SSN in order to obtain a professional, occupational, 
  recreational, driver's or marriage license. The Appellant, 
  Larry Lewis, his associate David Alan Carmichael, and their 
  lawyer Dr. Herbert W. Titus, all intend to do something
  about it. 
  
  Some people, like Larry Lewis in Idaho, are prohibited 
  from identifying with a national identification number on 
  the basis of their religion. Revelation Chapter 13, of 
  the Bible warns of a beast that requires every person to 
  identify with a number in order to engage in livelihood. 
  The Idaho Court ruling menaces their hopes that the First 
  Amendment's protection (Congress shall make no 
  law prohibiting the free exercise [of religion]) will 
  effectively protect their right to not identify themselves 
  with what they believe is the 'number of the beast'.
  
  The United States Congress passed the Religious Freedom 
  Restoration Act (RFRA) in 1993 as a measure to check both 
  Federal and State government intrusion on religious 
  practices. However, United States Supreme Court held that, 
  due to principles and limitations of a 'federal'
  government, the Federal Government did not have the 
  authority to make RFRA apply to the States. See Boerne v. 
  Flores, 117 S.Ct. 2157 (1997). In response to the Court's 
  ruling in Boerne v. Flores, legislators in Idaho and 
  several other States passed statutes much like the Federal
  RFRA. Idaho Legislature declared in its Statement of 
  Purpose regarding Idaho Code Section 73-402, Free Exercise 
  of Religion Protected, that: 
  
"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."
  
  The specific Idaho Code Section 73-402, provides: 
  
  FREE EXERCISE OF RELIGION PROTECTED. 
  
  (1) Free exercise of religion is a fundamental right that 
  applies in this state, even if laws, rules or other 
  government actions are facially neutral. 
  
  (2) Except as provided in subsection (3) of this section, 
  government shall not substantially burden a person's 
  exercise of religion even if the burden results from a rule 
  of general applicability. 
  
  (3) Government may substantially burden a person's exercise
  of religion only if it demonstrates that application of the 
  burden to the person is both: 
  
  (a) Essential to further a compelling governmental 
  interest; 
  
  (b) The least restrictive means of furthering that 
  compelling governmental interest. 
  
  In the Lewis v. Idaho Department of Transportation case,
  the Idaho Court ignored Idaho's statutory Free Exercise of 
  Religion Protected Act(FERPA) standard that the State 
  government must prove that it cannot sustain dead-beat-dad 
  enforcement, or maintain driver's license records, if it 
  issues Larry Lewis a driver's license without forcing him 
  to identify himself with a SSN. To justify its disregard 
  for Idaho's FERPA, the Idaho Court of Appeals ruled that Federal 42 USC §666(a)(13) is an absolute mandate that 
  requires every State to identify every person with a SSN, 
  and that neither the Idaho Free Exercise of Religion 
  Protected statute, nor the Federal Religious Freedom 
  Restoration Act, provides for an exemption for religious 
  reasons. Contrasting the Idaho Court's ruling, the 
  official statement of the Social Security Administration is 
"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 to a 
  member of the American Christian Liberty Society.
  Nonetheless, Section 666 of the codified Social Security 
  Act effectively denies everyone in America the right to 
  earn a livelihood if the Idaho Court's decision stands. 
  
  Larry Lewis fought his case alone for several years until 
  he asked David Alan Carmichael to help him. David had 
  founded the American Christian Liberty Society as a 
  mechanism to provide ministry to those who have a religious 
  conviction that prohibits them from identifying themselves 
  with a national identification number, or through biometric 
  identification. In response to Larry's request, David 
  contacted his own lawyer, Dr. Herb Titus, and asked him to
  come to Larry's aid. Herb offered to provide his services 
  to Larry at a significant discount. After filing a reply 
  brief, a supplemental brief, an oral argument in the Idaho
  Court of Appeals, and a petition for review to the Idaho
  Supreme Court, David and a handful of supporters have
  helped Larry pay for about $18,000 of the $25,000 in legal
  fees due. 
  
  There are many people throughout the country who are facing dilemmas similar to Larry Lewis's. They are caught 
  between the prohibitions of their faith and State demands 
  that they comply with 666 of the Social Security Code (42 
  USC §666) requirement to identify themselves with a SSN in 
  order to renew their professional licenses, occupational 
  licenses, and driver's licenses. An architect in 
  California, a dentist in Illinois, a crop duster in Texas, 
  a Mennonite truck driver in Pennsylvania, and many others
  are all trying to renew their professional, occupational, 
  and driver's licenses. Texas and Illinois have their own 
  Religious Freedom Acts. Illinois even has a provision for 
  religious exemption to SSN identification in its driver's 
  license law. Yet, the Illinois dentist cannot get the 
  government to reply to his request for religious 
  accommodation. The architect, the dentist, the 
  crop-duster, and the truck driver are not dead-beat-dads. 
  However, they are in grave jeopardy of losing their ability to support their families because of demands which 
  State officers maintain are imposed by 42 USC §666. 
  
  Since Larry's Petition For Review to the Idaho Supreme 
  Court has been denied, Larry, David and Herb believe that 
  Larry Lewis's case is ripe for United States Supreme Court 
  scrutiny. Since the Boerne v. Flores ruling, there have 
  been further decisions by the United States Supreme Court 
  that are more favorable to their cause. In Cutter v. 
  Wilkinson, 544 US 709 (2005), the Court ruled that the 
  Federal Religious Land Use and Institutionalized Persons 
  Act (closely related to the RFRA) applies to State 
  governments in those cases where the States are
  implementing a Federal program for which they receive 
  Federal funds. In Gonzalez v. O Centro Espirita 
  Beneficiente Uniao Do Vegetal (UDV), et al, 546 US (2006); 
  389 F.3d 973 (Feb 2006), the Court ruled unanimously in 
  lock-step with the argument that Herb Titus gave in the 
  first brief that he had written on behalf of Larry Lewis in 
  the Idaho Court of Appeals. 
  
  The Lewis case begs many questions that must be ruled upon 
  definitively with regard to the use of a national 
  identification number and religious prohibitions against 
  the practice. It also begs questions with regard to the 
  separation of powers, and the subjugation of the States or 
  the People to Federal edicts. Does the administratively 
  convenient provisions of 42 USC §666 override every State 
  law that might conflict with it, including laws explicitly 
  requiring respect for religious liberty? Where numerous 
  rulings handed down by various State and Federal Courts 
  throughout the country conflict with one another, how is a 
  State Court in a particular case to rule? 
  
  Herb Titus suggested that a another case, separate from 
  the Lewis case, be brought before the United States 
  District Court for the District of Columbia on behalf of 
  several people who are in danger losing their livelihood 
  and their right to travel due to States misapplying 42 USC §666. 
  
  If the Lewis case is to go before the Supreme Court, Herb 
  and a team of lawyers and volunteers must conduct thorough 
  research and then draft and publish the Writ of Certiorari 
  by February 7, 2007. If the Writ of Certiorari is to be 
  attempted, David and Larry must raise the support necessary 
  to cover the funding shortfall to date, as well as raise 
  the support to pay for the costs of the legal brief. David 
  Alan Carmichael says he intends to raise the support that 
  they need. "I don't see that we have a choice. We have 
  worked diligently to bring a forthright argument to the 
  Court. Our argument is in line with the principles of law 
  that have made this nation strong and free. What good is 
  it for us to work so hard just to have a court make a 
  horrific decision that is a danger to everyone's freedom? 
  We can't just let it lie."
  
  The Idaho Court of Appeals ruling in Larry Lewis v. Idaho 
  Department of Transportation is found 
  here. Larry, David 
  or Herb can be reached through the American Christian 
  Liberty Society, P.O. Box 4096, Hampton, Virginia 
  23664-0096; by telephone 757-850-1245 by internet
  www.christianliberty.org; by email 
  acls@christianliberty.org. Full text of article with html 
  links is found here. 
  
  
  Bro. David Alan Carmichael 
  757-850-1245 
www.christianliberty.org