H. Lance Freeman
American Christian Liberty Society
August 19, 2006

What might appear as a defeat for some looks like a stepping stone ascending to victory to others.  The three-judge panel of the Idaho Court of Appeals, on Thursday, August 17, 2006, rendered a decision against Larry Lewis who was trying to get a driver's license without identifying with a Social Security Number (SSN).   Larry Lewis had tried to renew his driver's license that was obtained without identifying with an SSN.  However, in 1996, the Federal Government passed a statute requiring States that receive Federal welfare funds to require applicants for a "professional license, driver’s license, occupational license, recreational license, or marriage license, to record an SSN on their application (42 USC §666).  Mr. Lewis considers their demand to be tantamount to asking him to worship "The Beast" spoken of in the Bible's Book of Revelation.  He requested the Department of Transportation to waive the requirement for him to identify with a SSN on the basis of the Idaho "Free Exercise of Religion Protected" statute (Idaho Code 73-402).   Larry's request was denied, and so was an appeal that he made in the Idaho District Court, and now again in the Idaho Court of Appeals (Lewis v. State of Idaho, Dept. of Trans.).  Judge Perry, with Judges Lansing and Gutierrez concurring, decided that the federal welfare law, 42 USC §666, pre-empts any religious liberty protections otherwise available to Idahoans such as Mr. Lewis.

Herbert W. Titus, Larry Lewis's Attorney, was quite stunned by the Court's evading a decision upon the Idaho Free Exercise of Religion Protected statute.  Mr. Titus said that the Court made a decision upon a completely different doctrine of law, and cited completely different authorities, than those matters of law that were before the Court. 

Mr. Lewis is a member of the American Christian Liberty Society.  They have been helping Larry pay his Legal expenses and are assisting Herb Titus with research and other administration.  Their founder, David Alan Carmichael, recently prevailed in a suit against the United States where he had been discharged from the Navy when he made a religious accommodation request to have a "Service Number" issued in lieu of using an SSN as his Military Personnel Identification Number.  Commenting upon the recent Idaho Appeals Court decision, Mr. Carmichael said, "If the object of government is to secure liberty, the government's compelling interest is to secure Larry's religious liberty, not chase down deadbeat dads." When asked if he thought that the ruling was a significant set-back, Mr. Carmichael said, "No, not really.  It is actually a great opportunity.  The decision is so flawed that it begs scrutiny from a higher level.  I would rather have a sound decision from a competent court than have a favorable one that is frivolous.  I think that is what the State of Idaho has on their hands."

Religious and Privacy objections to the use of the SSN are on the rise along with the number of situations where identification with the SSN is demanded.  A new concern for the religious and privacy groups is the recently passed REAL ID ACT (Public Law 109-13, May 11, 2005; 119 Stat. 231).  It requires States to implement mandatory facial image scans of each applicant for a State identification card or driver's license.  The Government's trend to increase intrusions and evade accommodations will no doubt incite many more Court battles in the years to come.

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