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Freedom of Religion

Independence Day Eulogy

Do we deserve to celebrate today?

Our nation was blessed with a new beginning at a time in history when a new beginning was very much needed.

Life was bleak for the common people. Things were so bad that it was worth considerable risk to create change. Freedom sounded like a good idea.

A good many people from every station in life took these risks to make sure that this new idea — the United States — guaranteed every citizen a voice, a vote and a good stab at happiness and upward mobility.

For the first time in history, the common person could do more than dream of being something more than his or her birth station allowed.

Religious freedom was a key goal for many of the immigrants who fled to America, including both sides of my family tree.

This was all new 237 years ago. Many sacrificed and died that this great experiment might continue to prosper as older and richer nations faltered and failed.

As we look over our experiences of the last five years, we have to wonder. We seem to have become a nation that celebrates our freedoms and the power and advantages they give us, but we so often fail to use them. Our social focus seems to be on protecting ourselves and our accumulated wealth and comfort. If speaking out for the downtrodden or the abused might cost us —well, let some other fool bear that burden. And if no one does — well, it’s not that big a loss.

Religious freedom is foundational to American life. Sadly, churches use their protected status to abuse their most vulnerable members. Whether it’s small congregations or helpless children — the modern church puts its hierarchical interests above the people they serve. And nothing will stop them from protecting their right to bully.

The courts, too, charged to examine corporate issues fairly and impartially are tempted to turn a blind eye to abuses of the freedoms in the church. Avoiding interference in doctrinal issues gives a license to church leaders to create doctrinal issues where none exist so that they can have their way without regard to the law on corporate issues. A few more decades may reveal just how dangerous this lawless monster can become. We are starting to get a glimpse of it as the scandals in the Roman Catholic church continue to unravel. Protestants have their challenges, too.

Until the courts realize that every aspect of church life does not involve doctrine — that a lot of it is contractual with corporate promises that should be binding — there is a remedy. The people — the foundation of  both our country and the Church — can exercise the rights that so many people continue to sacrifice to protect. They can speak up, they can advocate, they can be adversaries for others.

But they probably won’t. It might cost them their status, some money, some comfort and ease. Freedom to be selfish.

Patriots are admired, not emulated. Saints are appreciated most after they die. Click to tweet.

Pennsylvania Governor Rendell wrote a book, A Nation of Wimps. Perhaps there will be a sequel: A Church of Wimps.

Memorial Day Message: It all began with a land grab!

Anglican Bishop Sues Vocal Lay Member

Today is Memorial Day. We honor the many who have fought for the freedoms we have today. It’s a good day to revisit what we in the Church are doing with our freedoms.

A significant story involving the Church comes to our attention this month from Canada.

It all began with a land grab.

Now it’s a court battle pitting a bishop and a denomination’s best legal minds against a vocal layman.

Should we, residents of the Land of the Free, be concerned?

There are significant similarities that ELCA Lutherans should note. Here’s an excerpt from the Canadian story.

The ultra-liberal Anglican Bishop of Niagara, the Rt. Rev. Michael Bird has sued an orthodox Anglican blogger, a layman, alleging that he was libeled 31 times on Anglican Samizdat, a blog by David Jenkins that presents facts and pokes satirical fun at liberal Anglican leaders who depart from “the faith once for all delivered to the saints.”

The Bishop of Niagara was one of his targets.

The claim seeks:

  • $400,000 in damages plus court and legal costs.
  • An interim and permanent injunction to shut down Anglican Samizdat.
  • An interim and permanent injunction prohibiting Jenkins from publishing further comments about Michael Bird.

Link to full story.

Isn’t it a bit funny that someone labeled as an “ultra-liberal” would attack free speech—even if delivered with a Canadian accent. 

Canada has its own Bill of Rights, a Charter of Rights and Freedoms.

On this side of the Niagara, the same Amendment to the U.S. Constitution that protects freedom of religion also protects freedom of speech.

The root problem is church leaders thinking so much of themselves that they shield themselves with the first amendment as they take actions that in a secular venue could be challenged in the courts—if not considered criminal.

The ruling in the SEPA-Redeemer case was made without ever hearing the case — even after five years of courtroom drama. The court determined that the issues were not within the jurisdiction of the courts under separation of church and state. However, a minority opinion concludes that if the law were to be applied, Redeemer’s arguments have significant merit. Two judges since have indicated that they, too, consider the dissenting opinion to have value.

Church leaders count on loyal obedience of followers who also benefit from their dubious actions. The same Synod Assembly that gave the bishop permission to take Redeemer’s property—defying their own governing documents—approved a healthy six-figure deficit. The Church can do anything they want. They are the Church.

Dissent is part of Lutheran heritage. How have Lutherans become so weak?

Church leaders work hard on their presentation. They hold the future of the clergy in their hands and can rely on their support. They also control all venues for discussion and media.

At least they did until the term “blog” became known.

Even now, Church leaders tell people how hard they work with congregations—how they use a rigorous process of dialog and discernment. They are very sure that everyone will believe them because they are Church leaders—even when there is no mutual discernment, dialog or any effort whatsoever to work together. No one asks for facts or evidence. Lay people who cite statistics and facts must be wrong because they are lay people. Church leaders can just repeat the same unsupported rhetoric and they are applauded. Bishops make pronouncements. Loyal followers stand back, out of the line of fire, and offer support—or more likely, say nothing whatsoever. This type of behavior prompted the Reformation 500 years ago. And here we are again.

Christians are not obligated to follow leaders simply because they are elected. Rank and file Christians are obligated to speak out when they see abuses and wrong actions and teachings. This is part of the supreme document of our faith—The Bible, sometimes called The Word of God.

In a free society that protects religion, it is imperative that religious followers monitor the actions of leaders. If they don’t they are at risk of being a cult.

Sadly, courts are not equipped to see beyond the rhetoric of religious leaders and probe the causes of their actions. Consequently any layperson who follows duty and conscience risks considerable loss, including:

  • heritage.
  • status within the faith community.
  • their property and assets (personal as well as communal).
  • their faith.
  • friends and family.
  • the fruits of years of volunteer service.
  • the benefits of years of monetary support.
  • and now, at least in Canada, all possessions, including the life savings intended to support you in old age. Mr. Jenkins is 65 years old. 

We could simply say “shame on the Canadian church leaders,” but we know how close this scenario is to what has been happening in East Falls with attacks on the individual members of Redeemer going on long after the objective of grabbing our property was decided. (Yes, right here, where George Washington camped with his freedom fighters on the same stretch of land where the LCA once had its headquarters.)

None of this costly and public conflict is necessary. Church leaders need only treat lay leaders with respect (love one another) and follow the teachings of their faith (do not sue one another, do unto others…). They need to stop coveting the property of member churches. Breaking the covet Commandments leads to breaking several other Commandments and the slow and steady deterioration of the Church’s mission.

Church leaders who encounter criticism or resistance, whether merited or not, have a less costly choice. They can write their own blog and respond to criticism. They can actually have the dialog they tell everyone they are having. Why not try peacemaking?

Using the courts against their members while they cry “separation of church and state” has the potential for a dual payoff. They might be awarded a lot of money while humiliating and intimidating lay people and thereby exerting control over anyone who might follow suit. In the Church today, pursuit of the Almighty Dollar is second only to the pursuit of power.

Mr. Jenkins already took down the offending blog posts.

I’m betting that won’t be enough to satisfy his enemies. Once bishops take an issue public, they have to win. Pride and power take control. Humility, forgiveness, reconciliation — just words for preaching.

Happy Memorial Day! Hurrah for the Bill of Rights and the people who lived and died protecting them!

Where the Bill of Rights Fails

Freedom to Be Oppressed by Your Religion

America was founded on the principle of Freedom of Religion. Early settlers came to escape state oppression of the emerging sects in Europe. Over the centuries, many faiths have sought refuge on American soil.

The First Amendment in the Bill of Rights prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion.

The legal system lives in fear of stepping on the exercise of religion. In recent court decisions they have gone so far as to determine that religious groups do not have to follow their own rules. That opens a new door. The leaders of religion can themselves become lawless oppressors.

That is the result of a recent Pennsylvania Supreme Court decision that determined the case brought by the Southeastern Pennsylvania Synod of the ELCA against a member church (Redeemer, East Falls, Philadelphia) could not be heard. Yes, they brought a case against a member church and then argued that the case they brought should not be heard.

The court gave SEPA Synod a victory by default —not based on evidence. They determined that it was up to the denomination to police its own rules. Fat chance.

A strong dissenting opinion concluded that if the law is applied, Redeemer’s arguments deserve a hearing. How are members of faith communities to assume that the laws they agreed to upon joining the community mean nothing?

That creates a very real problem for all the faithful. If constitutions agreed upon by religious groups when they go to the legal trouble of incorporating mean nothing, then faith communities are faced with potential lawlessness. The laity are sitting ducks for potential abuse. Clergy will run.

Faith communities can expect to be victimized by hierarchy. It is happening with greater frequency. The conflicts are usually about the value of real estate — not doctrine. Within the ELCA there are several cases of “hostile” takeovers—raids in the middle of the night or by stealth and deceit. One bishop, anticipating trouble, went so far as to call ahead to the sheriff and police department and warn them to expect a call from church members, but that they were allowed to change the church locks.

It is not the Church’s finest hour. As proven by Redeemer’s experience, Church leadership will not hesitate to use their protected status to tyrannize their members — those with the least power, the laity. You won’t read much about this on the pages of The Lutheran.

“I have the power,” Bishop Burkat was heard to say as she prepared to raid Redeemer. If so, it is a power allowed by courts side-stepping the issues. It is not a power given by the ELCA constitutions/articles of incorporation or by God.

It’s legal because the law exempts the church. Perhaps there is hope.

The law has finally stepped in on the Roman Catholic Church and its handling of crimes within its ranks—but not before a great deal of damage was done to both victims and the Church.

On this Independence Day, it is worth noting that the Bill of Rights does not protect the members of faith communities from the abuses of their own leaders. This can be stopped by the members of the faith community, but experience is proving that the religious don’t care unless they are directly affected. They are free to use other provisions of the Bill of Rights such as Freedom of Speech and Freedom of Assembly. Odds, in the current atmosphere, are against it.

What a waste of the First Amendment.