American Christian Liberty Society - Letter to Governor Tim Kaine

Governor Tim Kaine
Patrick Henry Building
1111 East Broad Street
Richmond, Virginia 23219

Re: RELIGIOUS ACCOMMODATION REQUEST

Ref: Religious Accommodation Request Letter From David Alan Carmichael To Tim Kaine, May 23, 2007

Dear Governor Tim Kaine,

I am forwarding a copy of a letter that Pierce R. Homer sent to me but apparently did not send to you, on July 23, 2007. This is the second letter that he sent to me wherein he refused to even address or consider Virginia law as it applies to religious accommodations.

I presume since you directed Mr. Homer to respond to my religious accommodation request, that he has the authority to grant the request on the basis of my religious accommodation request. Mr. Homer has very clearly ignored the Virginia Constitution, Article 1, Section 16; and Code of Virginia, §57-1, §57-2, §57-2.02. Virginia as the “State” has waived its immunity through Code of Virginia §57-2.02. Therefore, the “State” is actionable for the general violation of our fundamental rights. Mr. Homer is immune from common law tort action in his person, only if he is actually obeying the law. I see that Mr. Homer is indeed violating the law and is not immune from a common law tort action, if indeed has authority to apply the Constitution, Virginia Statutes, and the rule of law to my religious accommodation request.

Never-the-less, I presented my religious accommodation request to you, in your person, since you have the responsibility as Governor, to “take care that the laws be faithfully executed.” Va. Const., Art. V, §7.

Mr. Homer said, “there is no legal basis upon which to exempt an applicant from compliance with this requirement.” I pointed out to Mr. Homer that he currently provides exemptions to other people on a non-religious basis. I asked him to tell me on what legal basis he exempts them and not us.

My first and second letters have not yet been answered by you.

Since you have the responsibility as Governor to take care that the laws be faithfully executed, here are the things that I can see are a violation of law (not completely inclusive):

You are trying to denying me a government regulated so-called ‘privilege’ unless I forsake my natural right and obligations to Almighty God. When I read Mitchie’s Jurisprudence, I found, “A State can not grant a privilege subject to the agreement that the grantee will surrender a constitutional right, even in those cases where the State has the unqualified power to withhold the grant altogether, and where such a condition is imposed upon the grantee, he may ignore or enjoin the enforcement of the condition without thereby losing the grant.” Alexandria v. The Texas Co., 172 Va. 209

You are violating my natural rights, Code of Va. §57-2. I am enforced, restrained, molested and burthened, in my body & goods, and I am otherwise suffering on account of my (duty to Almighty God and the manner of discharging it). Code of Va. §57-1.

You are violating the rule of law wherein: “Citizen's right to travel upon public highways and transport his property thereon in ordinary course of life and business is common right. The right of a citizen so to do is that which he has under his right to enjoy life and liberty, to acquire property, and to pursue happiness and safety…. Citizen's right to travel upon public highways includes right to use usual conveyances of time, including horse-drawn carriage, or automobile, for ordinary purposes of life and business…. Citizen's right to travel upon public highway and use usual conveyances in so doing is not mere privilege which city may permit or prohibit at will…. City, in regulating, under police power, citizen's right to travel upon public streets, may not arbitrarily or unreasonably prohibit or restrict it, nor permit one, and refuse another of like qualifications, under like conditions, to exercise it…. Cities may regulate exercise of right to drive private automobile on streets by granting, refusing, and revoking permits, but only under rules of general application. Such permits may not be arbitrarily refused or revoked or permitted to be held by some and refused to others of like qualifications, under like circumstances and conditions. Thompson v. Smith, Chief of Police. Supreme Court of Appeals of Virginia. 155 Va. 367, 154 S.E. 579, 71 A.L.R. 604. Sept. 12, 1930.

You are violating the rule of law wherein: "Where the state creates a mechanism for legitimate individualized exceptions but fails to include religious uses among these legitimate exceptions, discriminatory intent may be inferred… Failure to make allowance for bona fide religious uses tends to exhibit hostility, not neutrality, towards religion. When state creates mechanism for legitimate individualized exceptions to application of law that substantially burdens free exercise of religion but fails to include religious uses among these legitimate exceptions, discriminatory intent may be inferred. U.S.C.A. Const.Amend. 1; Const. Art 1, § 16. … Failure to make allowance for bona fide religious uses tends to exhibit hostility, not neutrality, towards religion…."Substantial burden" is imposed on free exercise of religion when governmental action compels party to affirm belief he or she does not hold, discriminates on basis of religious beliefs, inhibits dissemination of particular religious beliefs, or compels party to forego religious practices.” Horen v. Com., 23 Va. App. 735, 479 S.E. 2d 553 (1997)I

You are violating the law wherein: “The Governor shall take care that the laws be faithfully executed.” Va. Const., Art. V, §7

You are violating the law wherein, my rights under Va. Const., Art. I, §1 are being denied.

You are violating the law wherein through: the refusal to respond to my letters; refusal to address the religious accommodation issues; refusal to fulfill Va. Const., Art. V, §7; refusal to apply provisions of Code of Virginia §47; you thereby violate Va. Const., Art. I, §2.

I am through these letters doing what I can to remedy this situation. I had great hope that care would be taken on your part, in good faith, to resolve this problem rightly in keeping with good government. I plead that you would hold a firm adherence to justice, moderation, temperance, frugality, and virtue and recur to fundamental principles of our government.

Sincerely,

_________________________________

Encl:
(1) Copy of Pierce R. Homer, Secretary of Transportation Letter, July 23, 2007

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