https://apologeticspress.org/APContent.aspx?category=7&article=2548
Good News About The First Amendment
[Editor’s Note: The following article was written by A.P.
auxiliary staff writer, Kevin Cain, who holds degrees from
Freed-Hardeman University (B.S., M.Min.) and the Doctor of Jurisprudence
from South Texas College of Law. His current practice focuses on
litigation at the trial and appellate levels in both State and Federal
Courts. A product of the distinguished Advocacy Program at South Texas
College of Law, where he won multiple national and state championships
and many speaking and brief-writing awards, Kevin is a former Briefing
Attorney of The First Court of Appeals and serves as an Adjunct
Professor at South Texas College of Law.]
Years ago, Anne Murray sang the words, “We sure could use a little good
news today.” Have you ever watched the evening news and had this
thought? Is there any good news out there? Sadly, human nature tends to
focus on the negative. We slow down to see a police officer issuing a
speeding ticket. We stop and stare at a serious car accident. As they
say in the news industry, “If it bleeds, it leads.” We stare at despair.
Yet, we know there is good news all around us. The problem is that we
rarely hear about that good news.
From the legal arena, we often hear about lawsuit abuse, frivolous
lawsuits, outrageous verdicts, criminals going free, and courts
infringing on religious liberties. Surely there is some good news coming
out of our judicial system that we simply are not hearing about. There
is, and it comes to us from the Texas Supreme Court.
On June 27, 2008, the Texas Supreme Court held in
Pleasant Glade Assembly of God v. Schubert
that a party cannot sue for emotional (non-physical) damages arising
from a religious practice. In that case, 17-year-old Laura Schubert
spent the weekend “participating in church-related activities” for the
youth. On Friday evening, the atmosphere became “spiritually charged”
when one of the teens announced that she saw a demon near the sanctuary.
Another teen announced that she saw a “cloud of the presence of God
fill the church.” These young people “testified” about these events on
Sunday morning. After praying all afternoon without any substantive
food, Laura collapsed. After the worship service, several church members
physically constrained Laura and carried her to a classroom where she
was not released until she said the name of Jesus. Laura stated during
this episode that demons were trying to get to her (
Pleasant Glade Assembly...,” 2008).
Laura continued in church-related activities on Monday and Tuesday
without any such similar events. However, on Wednesday, she fell to the
floor in a fetal position because she wanted to be left alone. Youth
members were summoned and held her down in a spread-eagle position
holding her arms and legs. The senior pastor played a tape of soothing
Christian music while laying his hands on Laura’s head and praying.
During this incident, Laura suffered carpet burns and bruises on her
wrists and shoulders (
Pleasant Glade Assembly...,” 2008).
Laura and her parents sued the church and its leaders alleging numerous causes of action [NOTE:
a “cause of action” is a legally recognized claim, like negligence or
breach of contract.] After pre-trial motions disposed of some of these
claims, the case went to trial on the remaining claims of assault and
false imprisonment. The jury found that Laura had been assaulted and
falsely imprisoned, and awarded her $300,000 for pain and suffering,
loss of earning capacity, and medical expenses (for psychiatric
treatment). While Laura did suffer physical injuries from this event
(scrapes and bruises), the evidence at trial related only to subsequent
emotional or psychological injuries (
Pleasant Glade Assembly...,” 2008).
The court began its analysis by looking to the federal case of
Paul v. Watchtower Bible Tract Society of New York, Inc.
(1987) from the Ninth Circuit. Usually a reference to the Ninth Circuit
is bad news, as this court is considered to be one of the more liberal
federal appellate courts. For example, it was the Ninth Circuit that
held that the pledge of allegiance violated the Establishment Clause of
the First Amendment, before the United States Supreme Court reversed the
ruling (
Newdow v..., 2002). However, in the
Paul case,
the Ninth Circuit was faced with the practice of Jehovah’s Witnesses in
shunning or excommunicating their members. The court held in that case
that “[i]ntangible or emotional harms cannot ordinarily serve as a basis
for maintaining a tort cause of action against a church” (
Newdow v...,
2002). The rationale for this rule is that the Jehovah’s Witnesses’
practice of shunning was based exclusively on their interpretation of
Scripture. In other words, courts should not weigh in on the validity of
these practices when doing so would require the court to engage in its
own interpretation of Scripture.
The Texas Supreme Court noted that the adjudication of the claims in
the present case would require an unconstitutional inquiry into the
truth or falsity of religious beliefs (
Pleasant Glade...”).
However, the court emphasized that this rule would not allow church
members to commit unlawful acts with impunity “under the cloak of
religion”: “Freedom to believe may be absolute, but freedom of conduct
is not” (
Pleasant Glade...”). Physical harm, as such, resulting
from a religious practice is not insulated from judicial review by the
Free Exercise Clause of the First Amendment. It is possible that extreme
conduct in the name of religion, causing only mental anguish, may not
be protected under the First Amendment, but the Texas Supreme Court was
quick to point out that “this is not such a case” (
Pleasant Glade...”).
So, what do we learn from the
Pleasant Glade case? First, keep
in mind the legal context of this case. As a state case, it is not
binding precedent on any state other than Texas. While this case could
be persuasive authority in state and federal courts in other
jurisdictions, it is binding only in Texas. Nevertheless, this case
represents a trend (see other instances in the
Schubert opinion) that favors religious liberties.
Second, freedom of religion is not without limits. The court expressly
recognized that a cause of action or lawsuit can be maintained for
physical injuries that result from a religious doctrine and the practice
that results from such teaching. For example, the Bible teaches that we
are to baptize others (Matthew 28:19). However, if I, through violent
force, baptize some unwilling person, I can be sued for any physical
injuries that may result. But I cannot be sued for upsetting someone by
teaching that their soul is lost because they are not baptized.
Likewise, the Bible teaches us to share the good news of God’s Word
with the world (Matthew 28:19). Yet, if I chase someone down and tackle
them so I can tell them about God’s grace and love, and injure them in
the process, I can be sued for any physical injury that may result from
my over-zealous evangelistic tactic. On the other hand, if I preach that
one cannot be saved outside of Jesus and this offends Hindus, I cannot
be sued for emotional distress. (Keep in mind that a person can be sued
for anything, but a court should dismiss such a lawsuit as it violates
the First Amendment. Clients frequently ask if they can be sued for
doing something, and I always respond that you can be sued for anything.
The question is will they prevail in their suit).
Third, religious error will usually get you into trouble in more ways
than one. None of these unfortunate events would have resulted if the
teens had not been artificially manipulated into an emotional,
“spirit-filled” frenzy. Clearly, they had a zeal for God, but not
according to knowledge (Romans 10:2). These events are also a direct
result of a failure to properly understand the role and duration of
miracles and the laying on of hands (see
Miller, 2003, 23[3]:17-23). A misunderstanding of the Scripture can result not only in spiritual ruin, but legal ruin also.
Inversely, notice that our civil laws protect religion as it is
prescribed in the Bible. Righteousness, as it is defined in the Bible
(Psalm 119:172), does not require us to physically harm those around us.
While physical warfare was a part of the Old Testament system, such is
no longer the case today as we live under a better covenant. Jesus made
this point clear when Peter drew a sword and attacked Malchus. Jesus
said: “Put your sword back in its place, for all who draw the sword will
die by the sword” (Matthew 26:52; cf. John 18:36). True Christian
living that is consistent with God’s Word will keep us from
intentionally physically injuring those around us. New Testament
Christianity does not dictate that we kill God’s enemies, attack
infidels, torture pagans into submission to Christ, or physically
discipline unfaithful members of the body of Christ. God calls us to
peace—peace with Him and our fellow man. This point could not have been
made more clearly than when Jesus said, “But I tell you, Do not resist
an evil person. If someone strikes you on the right cheek, turn to him
the other also” (Matthew 5:39). By inspiration, Paul described the
extraordinary way we should treat our enemies:
Repay no one evil for evil. Have regard for good things in the sight
of all men. If it is possible, as much as depends on you, live peaceably
with all men. Beloved, do not avenge yourselves, but rather give place
to wrath; for it is written, “Vengeance is Mine, I will repay,” says the
Lord. Therefore “If your enemy is hungry, feed him; If he is thirsty,
give him a drink” (Romans 12:17-20).
A person whose life reflects this mandate from Romans is certainly not
lawsuit-proof (as no person is these days), but he is clearly not as
likely to be convicted of wrong-doing.
This is consistent with the portrayal of early Christians, who, when
accused of fabricated allegations of treason, responded that the
Christian religion would, in fact, cause them to be better citizens
(seeMattox, 1961, pp. 73,83). Likewise, conforming to God’s holy Word
will most protected us from the laws of our civil government. Remember
the words of Paul: “For rulers are not a terror to good works, but to
evil. Do you want to be unafraid of the authority? Do what is good, and
you will have praise from the same” (Romans 13:3).
Finally, it is refreshing to see a court protecting our religious
liberties, rather than tearing them down. But, what should we do if the
unthinkable happens? What if courts held that the First Amendment did
not protect us from lawsuits for preaching the truth on salvation,
withdrawing fellowship from unrepentant Christians, or refusing to hire
someone because of their “sexual orientation”? What should we do if,
rather than protecting Christians, the law allows others to persecute us
through legal channels for doing God’s will? What then?
We continue to do what is right, and we rejoice in persecution. The
apostles were arrested by the high priest and Sadducees for preaching
God’s Word (Acts 5:17-18). After being miraculously released from
prison, the apostles immediately started preaching Jesus again (Acts
5:19-21). The apostles were arrested again and told not to preach in the
name of Jesus (Acts 5:27-28). Peter and the apostles responded by
proclaiming a fundamental principle of the Christian’s relationship with
the government: “We must obey God rather than men” (Acts 5:29).
Initially, the Sanhedrin wanted to kill the apostles in response to this
statement (Acts 5:33), but after some thoughtful reasoning, they beat
the apostles and warned them to preach no more (Acts 5:34-40). After the
apostles were beaten and warned, they left rejoicing, that’s right,
rejoicing because they were considered worthy to suffer shame for the
name of Jesus (Acts 5:41).
Consider the second verse of the national song “Faith of Our Fathers”:
“Our fathers, chained in prison dark, were still in heart and conscience
free; How sweet would be their children’s fate, if they, like them,
could die for Thee!” How true, but we are more likely to face
persecution in the form of a lawsuit than face death as a consequence of
our devotion to God. We are more likely to be sued, than beaten, for
proclaiming God’s Word and living it. Yet, whether we face peace or
persecution, love or lawsuit, blessings or beatings, we must remain
faithful to God, and continue to vote for men and women who are likely
to protect our religious liberties (1 Timothy 2:1-2).
The good news is not that a court is protecting my religious liberties,
although I am truly grateful for that. No, the real good news is that
we, like the early Christians, are still in heart and conscience free to
serve God. With or without the protection of the law, we must serve
God. That is good news.
REFERENCES
Mattox, F.W. (1961),
The Eternal Kingdom (Delight, AR: Gospel Light Publishing).
Miller, Dave (2003), “Modern-Day Miracles, Tongue-Speaking, and Holy Spirit Baptism: A Refutation—EXTENDED VERSION,”
Reason & Revelation, 23[3]:17-23, March, [On-line], URL:
http://www.apologeticspress.org/articles/2569.
Newdow v. U.S. Congress, 313 F.3d 500 (9th Cir. 2002).
Paul v. Watchtower Bible Tract Society of New York, Inc., 819 F.2d 875 (9th Cir. 1987).
Pleasant Glade Assembly of God v. Schubert, S.W.3d, 2008 WL 2572009 (Tex. 2008), [On-line], URL: http://www.supreme.courts.state.tx.us/historical/062708.asp.