Our
Constitution makes it very clear that there should be a hands off
approach to any entanglement between government and churches. The
Supreme Court has amplified it though the years and the lawmakers have
pretty clear direction that if they make any laws impacting churches
there must either be
(1) a darn good reason why, or
(2)that
the law impacts generally everyone the same way and that the churches'
religious charter has nothing to do with the law (i.e.,safety codes
allowing certain maximum occupation of a building based on size).
The
Religious Freedom Restoration Act of 1993 states this in no uncertain
terms much to the dismay of a number of local governments who have been
successfully sued for their overreaching laws.
A church is a
501(c)3 charity, the same as thousands of other charities.These range
from the local animal shelter to the "Ladies of the Green Hat Society."
There's nothing special about being a 501(c)3, it's just a way to
notify the Federal government that one is a tax-exempt organization.
Yet,
of the thousands of 501(c)3 types in many states, the legislation
specifically singled out only one type,churches, as being off limits to
CCW holders.
Many of these states also ban CCW holders from
schools, bars, and other places but these almost always have some
connection with the state... they are regulated in some fashion or
another, and answer to the state for certain aspects of their business.
This nexus simply does not hold true for churches.
The sole
reason that the legislature picked the churches out from all the other
charities to ban CCW on the premises is simply because of religious
reasons. Someone, somewhere, thought it would be an offense against God
for a CCW holder to carry in a church.
This was made very clear when Michigan was considering CCW. The quote from the Metro Times makes this very clear:
"Tom
Hendrickson, director of the Michigan Association of Chiefs of
Police,says the idea of mixing guns with religion and liquor doesn't
make his day. " ‘Law enforcement is of the opinion that these are
places where people shouldn't be armed.' "
Mr. Hendrickson can
only justify his comments about churches via ultimately appealing to an
argument based upon religious views concerning the "sanctity" of the
church.Without the sanctity argument, there is no uniqueness to a
church as an organization that requires or demands special treatment in
this particular law.
If there was any actual reason it would
logically apply equally to every other charity which holds group
meetings, and the law would then have been written to also cover them.
It
is not up to the state to determine what behavior a church member must
discuss with, and seek approval from his pastor, or what the
state-mandated default position a church should have concerning the
theological question of self-defense.
Since this portion of the
law cannot be justified under either condition (1) or (2), or the
Religious Freedom Restoration Act of 1993 it is clearly
unconstitutional under the First Amendment. I cannot imagine a court
holding this section up for approval.
Churches should not be
mentioned in any CCW law, period. If the law provides that any private
organization or business may post or otherwise observe a "gun
free"environment, then any church would fall under the same regulation
under condition (2) listed above. They have full freedom along with
every other organization to determine their own philosophy towards this
issue.
I invite you to browse around and look at some of my other hubs. I am sure that you will find something of interest to you.