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A conservative news and views blog.

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Location: St. Louis, Missouri, United States

Tuesday, September 20, 2011

What Freedom of Religion? What Freedom of Assembly?

Timothy Birdnow

The City of San Juan Capistrano in California has fined a couple $300 dollars for holding a Bible study in their home.

According to The Blaze:

"City officials in San Juan Capistrano, Calif. say Chuck and Stephanie Fromm are in violation of municipal code 9-3.301, which prohibits “religious, fraternal or non-profit” organizations in residential neighborhoods without a permit. Stephanie hosts a Wednesday Bible study that draws about 20 attendees, and Chuck holds a Sunday service that gets about 50."

End excerpt.

The Constitution of the United States has this to say on the matter:

Article I of the Bill of Rights:

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.

The California State Constitution has this to say:

Article I:

Sec. 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State: and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience, hereby secured, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.

also

Sec. 1. All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property: and pursuing and obtaining safety and happiness.

Sec. 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people; and they have the right to alter or reform the same, whenever the public good may require it.

and furthermore:

Sec. 10. The people shall have the right freely to assemble together, to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances.

Also this is important:

Sec. 19. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized.

End excerpts.

And yet local communities are eager to abridge the right to peacefully assemble, to practice religion, and to be secure in houses.

We live in an upside-down world, a wonderland where fair is foul and foul is fair, and this is the work of Liberalism. Liberals do not want the Constitution, but rather a system where they rule by virtue of their own authority. This illustrates that very fact.

Oh, I understand; they are going to use the public safety to justify this, and doubtless they will point out a municipal code that was violated. But municipal codes have become a tool of repression. A city inspector can order a building condemned based on the flimsiest reasons; as much as a missed inspection can lead to a condemnation. Their power is nigh unto absolute and the homeowner has to crawl to them lest he be cited for numerous ridiculous violations. In my occupation as property manager I can tell you about a situation where there was lead-based paint on the windows of an apartment, and a licensed company did the work of encapsulation required by law. The inspector came out and took soil samples outside of the window, finding minor amounts of paint from the scrapings done. He condemned the building (in violation of the code) for that. Why? He was mad at the property owners.

This is totally out of hand; either we live under the Constitutional protections or we don't and should scrap our founding documents.

And freedom to assemble for religious purposes is doubly primary. If a municipality can do this they can do anything.

Do we live in a free society or not?

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