IDAHO SUPREME COURT REVIEWS DRIVER'S LICENSE CASE, RELIGIOUS  OBJECTION TO THE SSN, AND THE RELIGIOUS FREEDOM RESTORATION ACT.

H. Lance Freeman
December 30, 2005

Larry Lewis finally got some help in the nick of time - His final reply brief in the Idaho Supreme Court - After fighting the Idaho Department of Transportation by himself for over three years. 

With merely a few days until a reply brief was due, renowned Constitutional litigator and scholar Herb Titus came to Larry's aid.  Called to help by a small religious advocacy group, Herb Titus challenged the State's and District Court's determinations that the use of an SSN as an identifier constituted a "Compelling Governmental Interest" and was the "Least Restrictive Means" of supporting that interest.

Originally, Social Security was known as a voluntary retirement disability benefit program instituted of officers and employees of the Federal sector.  Ten years after the advent of Social Security, while there were still less than 800,000 workers participating in the program, U.S. President F.D. Roosevelt issued Executive Order 9397 in 1943.  His order urged heads of the federal departments to use the social security account number for record keeping whenever an agency, "establishes a new system of account numbers."  Since then, the universal use of the SSN as record identification number rapidly increased in government and private sectors.  As use of the SSN as an identifier increased, so did suspicions about its possible relationship to the Biblical prophesy among some Christian's who see the figurative language of Revelation, chapter 13, as having a literal application that they might see in their time.

In Larry Lewis's case, Idaho insists that section 666 of the Social Security Code compels them to deny him a drivers license.  Since Idaho receives money from Social Security, the Idaho Attorney General, Lawrence G. Wasden, says that Idaho is obligated to institute all the federal regulations relating to it.  Otherwise, Idaho is in danger of not qualifying for federal welfare funds.  Section 666 requires all participating States to require "any applicant for professional license, driver's license, occupational license, recreational license, or marriage license" have (their) SSN "recorded on the application."  Lawrence G. Wasden argued that the federal requirement, in essence, is absolute and Larry Lewis is therefore not protected by the recently enacted Religious Freedom Restoration Act, Idaho Code §73-401 through 404.

Larry's case is one in a long line of religious liberty challenges to States implementing section 666 of the Social Security Code.  Most of those cases have been lost as courts have applied the "Rational Basis" test whereby the government has been allowed to intrude upon religious practices if the government action is for a "rational" reason and it is neutral on its face for a secular purpose.  Some legal scholars maintain that such a view of law puts religious liberty in jeopardy.  Because of that, religious liberty advocacy lobbies made great efforts to advance legislation to re-institute the historical "Strict Scrutiny" test to government intrusions of religious practices.  Idaho's Code §73-402 is such a law. 

  (1) Free exercise of religion is a fundamental right that applies in this state, even if laws, rules or other government actions are facially neutral.
  (2) Except as provided in subsection (3) of this section, government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability.
  (3) Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person is both: (a) Essential to further a compelling governmental interest; (b) The least restrictive means of furthering that compelling governmental interest.

     Herb Titus was recently successful in an extremely challenging case in federal court where a Navy career Chief Petty Officer was found to be unlawfully discharged after he made a religious accommodation request to be identified by Navy generated number other than the SSN as his Military Personnel Identification Number.  Herb is nationally known among legislators, legal scholars, religious leaders and liberty proponents, and his counsel is often sought by legislators when preparing important legislation that will likely face constitutional challenges.  His is also known for taking on tough cases that are either not in the lime-light or not main-stream.  When asked what types of cases he was working on Herb answered, "The ones nobody else wants."

    Larry had fought hard, all alone for three and a half years.  Within a couple of weeks before his final reply brief was due, his wife had serious physical problems that made her go blind and loose her baby in still-birth after seven months gestation.  Larry was not able to take care of his family, his job and his household and continue his battle in court.

     Herb's client, David Alan Carmichael, asked Herb to consider helping Larry, with only a few work-days available until their Dec. 27th deadline in the midst of other obligations.  David had raised $1250.00 through his small association, American Christian Liberty Society Fellowship, to pay for a fight that may need to go to the U.S. Supreme Court.  He hopes to raise more from among others who have the same religious convictions or from others who are concerned about their plight.  David is concerned that failure to succeed in this case will "nail the coffin" on religious liberty protection.  Those who cannot identify with a SSN due to religious convictions will not be able to "legally" engage in a profession, to drive, to have an occupation, to hunt or fish, or to marry, in those States that say they are compelled to comply with Social Security Code §666.  Other religious convictions may also be vulnerable.  "All the government will need to do to quash a bona fide religious practice is to come up with some mechanism to make the practice contrary to a government interest" said David.

     More information about Larry's case and the American Christian Liberty Society can be found at www.christianliberty.org