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Legal Ruling Regarding
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There are two areas in our laws here in the United States
that protect your rights regarding religious freedom the first would be
the First and Fourteenth Amendments of the
Constitution of the United States and the second would be a court
ruling regarding
Ordinations by Mail
The
Constitution
What does it say about . . RELIGIOUS FREEDOM!
Amendment 1
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.
COMMENT: This is the part of the Constitution which gives
legality to all free expression of religion, including Ordination by
Mail.
Amendment 14
1. All persons born or naturalized in the United States, and subject
to the jurisdiction thereof, are citizens of the United States and of
the State wherein they reside. No State shall make
or enforce any law which shall abridge the privileges or immunities of
citizens of the United States; nor shall any State deprive any person of
life, liberty, or property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of the laws.
COMMENT: This provision basically reinforced that States
may not interfere with our Constitutionally protected freedoms,
including our free expression of religion.
5. The Congress shall have power to enforce, by appropriate
legislation, the provisions of this article.
COMMENT: Congress most recently used this authority and
passed the Religious Freedom Restoration Act of 1993.
In 1974 a ministry which ordained people
in a simple manner by mail, and by other means, sued the United States
Government. This suit was brought by the Universal Life Church and a
visionary minister by the name of Rev. Kirby J. Hensley. The suit was over taxes. However, when the Federal Judge ruled
in the ministry's favor on taxes he also ruled on the legality of
receiving ordination in a simple manner. We all owe this pioneer a debt of
gratitude for his work against the government and the taxing authority
thereof.
Here is part of the Federal Judge's decision concerning
simple ordination and as a result of this Federal Judge's ruling
ministries being started by mail ordained clergy (which includes internet
ordinations also) have been flourishing both throughout the United States
and other countries.
"The Court must then address itself to the defendant's second
conclusion: that the ordination of ministers, the granting of church
charters, and the issuance of Honorary Doctor of Divinity certificates by
plaintiff are substantial activities which do not further any religious
purpose. Certainly the ordination of ministers and the chartering of
churches are accepted activities of religious organizations. The
defendant impliedly admits that same on Page 5 of its Memorandum in
Support of its Requested Instructions. The fact that the plaintiff
distributed ministers credentials and Honorary Doctor of Divinity
certificates is of no moment. Such activity may be analogized to mass
conversions at a typical revival or religious crusade.
Neither this Court, nor any branch of this
Government, will consider the merits or fallacies of a religion. Nor will
the Court compare the beliefs, dogmas, and practices of a newly organized
religion with those of an older, more established religion. Nor will the
Court praise or condemn a religion, however excellent or fanatical or
preposterous it may seem. Were the Court to do so, it would impinge upon
the guarantees of the First Amendment."
Copyright © 2008, 2009 Rev. Carl Welliver - Web Minister.
All Rights
Reserved.
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