February 19, 2007

Church Lawyer Outraged By Treatment Of Wounded Heroes

Text Of Email Sent To U.S. Senator Kay Bailey Hutchinson on February 19, 2007:

Dear Senator Hutchinson,

I am writing to express my shock and extreme displeasure at the recent news about the physical conditions and atrocious treatment faced on a daily basis by our wounded war heroes at Walter Reed Army Hospital in Washington D.C. I am sickened by the news of severely wounded soldiers having to trudge across a busy road in extremely cold weather to line up for morning formation, after having to sleep with rats and roaches. Not only is it apparent that this military-discipline experiment on very ill human beings is absurd and useless, it's even more appalling that no intelligent, caring personnel seem to be in a position to do anything about it.

I am so incensed, I can hardly put into words the magnitude of my outrage that this is all happening just down the road from Congress and the White House, with no apparent show of concern from those in a position to change it right away. As a native San Antonian from a proud and patriotic American military family, whose own father died at Brooke Army Medical Center 16 months ago and two oldest brothers fought bravely in Persian Gulf War I (the oldest is now buried at Fort Sam Houston National Cemetery), I know that we can do better. Why should our Irag-war heroes deserve any less than any member of Congress would receive should he or she fall ill at any moment?

I would be interested in hearing from the honorable Senator about her specific plans to do everything within her power to make sure the conditions and treatment of our military heroes change IMMEDIATELY at Walter Reed and any other such facilities where military heroes must suffer through such undignified treatment. At this very moment, as I write these words and contemplate the facts as they have been reported, assuming them to be generally true, I am ashamed of how we as a nation have failed and insulted those who have given everything up for our safety and freedom.

I cannot imagine that it would not be worth your time to not only work diligently to change things for the sake of our heroes and their families, but also for your own sake and your ability to sleep well at night. I know this is not your fault specifically. But, as a member of the United States Senate and from the great state of Texas, no less, you have the power to influence this situation for dramatic change very quickly. This is the kind of situation where our elected representatives prove themselves worthy (or not) of the trust the people have placed upon them. I will pray for your wisdom and fortitude as you move forward on this matter.

Humbly and respectfully,
Abe Hernandez, Esq.

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February 25, 2007

Christian Discrimination: Public School Officials Single Out Christian, Not Merely Religious, Expression

This is a problem that will not go away. Not only because of the mental shift toward secular humanism that is apparent in our society, but also because of the pervasive ignorance among so-called "educators," and the powerful resolve of atheist activists. I'm talking not merely about religious discrimination, but about the cynicism, skepticism, and increasingly apparent hatred directed at Christianity in particular.

It goes like this: Public School officials in America today, allow and promote all sorts of vile, vulgar and destructive expressions of self throughout the educational setting, dismissing them as nothing more than where our society has progressed to and the innocent truths of today's youth. You know what I'm talking about: sexual promiscuity, championing gay lifestyles, drug-addicts turned heroes simply because they go clean, pagan-satanic rituals, and of course, evolution and humanism that deny the truth and existence of God.

At the same time, they prohibit a 10 year old boy from wearing a Jesus costume as his way of saying "NO" to the pagan message he believed was inherent in the school's holloween activities. Not only was he told he could not wear a plastic crown of thorns, he was not allowed to mention the name of Jesus. (See, Boy Who Wanted To Wear Jesus Costume Sues at www.msnbc.msn.com/id/17266174/)

The legal problems with the school's actions are many and obvious. It's fairly well settled that an individual student's expression of religion may not be suppressed simply because it is religious. That holds true whether the religious "speech" (and it's obvious that wearing a Jesus costume to protest holloween school activities is most definitely religious speech) is expressed outside of organized school activities, or in the context of non-curricular expressive activities in which students are given freedom to choose their own speech, and then are censored when they choose something with religious content.

This happens often. The instant case is a good example of allowing school children the freedom to choose their own speech… so long as it is not Christian in nature. But most champions of religious rights and protectors of the Christian faith can point to many other examples, often perpetrated by public school officials against children with a strong Christian faith. I can recall off the top of my head the case where an elementary public school teacher assigned a report to her students on "Who Is My Hero." When a Christian boy in her class turned in a report on Jesus, not only did she give it back and give him a failing grade, but the school district backed her up with a "scorch the earth" mentality and resolve.
In a more recent case, an elementary school student chose a Christian song for a school talent show that was held in the evening. She was censored because of the Christian message it sent.

These are blatant violations of our children's First Amendment rights, on many levels. Not only is it apparent from legal precedent, but it's also apparent from a simple, logical review of the facts. I doubt that, in organizing holloween activities, school officials first asked whether the organizing administrator had a leaning toward the occult or satanism. There is no indication that they censored any other costumes, including those of witches and devils, as expressive of a religion. (Of course, that would defeat the purpose of the activities at hand.) And I strongly doubt that had someone shown up in a costume of Buddha or Hare Krishna anyone would have batted an eye.

But, should anyone even suggest the name or idea of Jesus, public school officials come out fighting with all guns blazing. It signifies a pervasive and disturbing ignorance about what separation of church and state in America means. School administrators seem to think it means "do not allow expressions of Christianity in any form and in connection with any school setting or activity whatsoever." Nothing could be further from the truth.

Let us not forget where much of this comes from. There are many negative, destructive and evil forces at work in this world. It is, after all, the work of the darkest of enemies. But he works through ignorance and hatred. I believe that when public school officials so blatantly and mercilessly discriminate, not against religion, per se, but against Christianity in particular, it had to start in another place and another time. Too many people today have turned their backs on Jesus because they're more attracted by the lies of the world. They believe the answers to life lie in their own discoveries and inventions. Many think psychology and philosophy are the supreme theories that will solve humanity's problems.

When people's lives go awry, they blame God. When the world beats them up, they blame the Lord. When they can't escape their own slavery to sin, whatever form it takes, they blame it on Christ. When they don't want to face the fact that their lives may at times seem meaningless and purposeless, they try to deny the meaning and purpose of the cross. It's the loss of faith and the lure of the world. More than ever, people worship the idols of money, beauty, success, pleasure, and possessions. It isn't convenient to believe in a Christ who teaches us to deny ourselves.

And then there's the atheist movement. What else can we say about atheism, except that it's everywhere, even in public school administration. But here's a telltale sign that even atheists, despite their activism, fear Jesus Christ. They fight with all their might to keep His name out of every place imaginable. I suppose the good news, aside from the fact that Jesus cannot be denied, is that He cannot be stopped. Have you heard the one about the convention of atheists who were in the middle of singing their denial song when a mighty earthquake struck and the walls began to tumble? Well, they all knelt down to pray that their lives be spared.

And that is where much of the problem lies. Somewhere deep inside, people know the truth and power of God, but cannot stand the fact that it convicts their soul. So they do their best to prop up a secular system, purporting to lean on the power of law and the authority of policy to deny what is really going on in themselves and in society.  They deny that God is watching. That he cannot be mocked. That He cannot be denied. That Christ is what's missing.

Does anyone really believe that public school officials really thought that by allowing a 10 year old boy to wear a Jesus costume at a holloween activity, that the school district would get in trouble for promoting religion? Would allowing a child to write a report about Jesus as their hero, that only one teacher gets to see, promote Christianity? Would allowing an elementary school girl to sing a Christian song at an evening talent show amount to the school itself promoting the Christian faith? Obviously, the answer is No, No and No. Even if they suggested that was their fear, where did they get their facts or legal research from? It's obvious that they either do not have legal counsel, or they have one that knows very little about this area of law.

School districts always point to a "policy" that does not allow the targeted speech, as though the word "policy" carried inherent authority or meaning. The truth is that policies can be based on anything, including ignorance, lack of research, and a strong anti-Christian influence in the political and administrative ranks of a school district. The time has come for public school officials to wake up and understand that the law is settled. And that their harassment of small children and discrimination against all things Christian in a public school setting are ill-advised and an exercise in futility.

Their tact, in discouraging expressions of faith, is to overwhelm the faithful Christian with seemingly insurmountable odds. In other words, they force small children to sue them just so they can sing their song, write their story, or say no to paganism. I suggest that Christians turn it upside down on school district officials. If more Christian families encouraged their children to engage in expressions of their Christian faith in the school setting (understanding them to be not only right and appropriate, but also legally and morally sound), and if more Christian defenders resolved to step in and help faithful children fight the good fight, school districts would think twice about violating our children's First Amendment rights and inviting such ridiculous litigation.

Let's make them weigh the prospect of too much litigation against the prospect of letting small innocent children engage in simple expressions of their Christian faith. Not that we need to see what some school officials are already made of–I think we already know that–but I do think we need to see where their priorities lie: the promotion of education and enlightenment, or the perpetuation of ignorance?

As for me and my house, we stand with Christ.

(I am not suggesting in this posting that a majority, or most, public school officials are anti-Christian. But it's apparent that this is a problem in public education. As in all things, if the shoe fits, wear it.)

For more on your legal right to religious expression in the public school setting, go to: www.firstfreedom.gov.

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January 19, 2007

I'm Starting A Church. What Should I Focus On?

This is a very important question… the answer to which will vary, depending on who you ask. If you ask many of the online "consultants" and vendors who seem to have stumbled into a "church-starting" niche, they would advise you to incorporate and secure IRS tax exemption. Don't buy it. They're steering you the wrong way.

Now, I'm not saying you shouldn't incorporate a church or secure 501c3 tax exemption by filing Form 1023 with the IRS. Many church leaders find advantages in doing so. What I am saying is that those tasks are by no means the most important aspects of starting a church. In fact, focusing on incorporation and tax exemption is no different than what generic nonprofits do. It's also what other types of religious organizations, including "fringe" religions focus on.

That's not what it means to start a church. A church does not start upon incorporation or securing recognition of tax exemption. A church starts when two or more come together in reverent prayer and worship of Lord Jesus Christ. It is possible to have a church long before a church corporation is formed. In fact, churches are not required to incorporate or secure federal tax exemption. They can form as unincorporated associations and federal tax exemption is automatic.

When starting a church, or even when deciding to move forward with a church or ministry you've been working hard to build for some time, the most important things to focus on are the issues that are UNIQUE to Christian churches. How can you feel confident about focusing on advancing the gospel and taking care of God's people without addressing the issues that can derail those efforts?

The truth is that incorporation and tax exemption are no help in leading people to spiritually and emotionally invest themselves and their families in a ministry. They don't help the flock feel support, encouragement, and protection. And they don't help ministry personnel and other church leaders feel confident about the long-term prospects of their ministry.

So what should you focus on? What are the uniquely church-related aspects that are most important to address? Obviously, it starts with the Word of God. Now, I understand that in any group of otherwise good, honest, reasonable and god-fearing people, many can get a completely different message after reading the same passage that everyone else reads. But remember, God will not hold us accountable for someone else's interpretation of scripture. He'll hold us accountable for how we lived them out ourselves.

So read the Word and ask yourself: What does God say about ministers and ordination? What does God say about authority in the church? What does God say about the authority of church members? What does God say about the kind of activities we are contemplating? What does God say about children? Missions? Evangelism? The poor?

Of course, not everything is spelled out for us in the Word. You may conclude that the bible is silent on certain issues. That's fine. You have freedom in Christ. Choose a direction based on general Christian principles. Make a list of the major religious tenets you feel compelled to focus on. Decide on the activities you will pursue as a church. Please understand, this does not mean that the bible boils down to those few statements, beliefs, or activities. It's simply what you will concentrate on for now. It can change later. Here are some things to think about.

Are ministers to be ordained? What should their qualifications be? How will new ministers be raised up? Will the church have full-time paid workers in the pastoral ministry, or only volunteers? Is the minister subject to the oversight and decision-making of an eldership group, or will the minister have decision-making authority over everything? Is it a good idea to sign a church-minister contract? If so, how should we go about it?

What are the standards of conduct for ministers, staff, volunteers and church members? What can members be expelled for? What can ministers be fired for? Do we even have an adequate mechanism in place to deal with ministry personnel issues? What can we pay our ministers? How do we decide that? What must someone do to become a church member? Or can anyone be a member simply by attending? Is baptism a requirement for membership? What else must a member know before placing membership in the congregation?

What will the church's official list of activities consist of? Besides weekend worship, will there be a mid-week service? What about bible studies? Will we have house church services? Will we have a structured children's program? How can we make sure that our children are protected from potential abuse? Do any of our contemplated activities consist of unreasonable or uncommon risk?

Address the issues of legal and religious, or ecclesiastical, authority in the church. What does the bible teach about how authority should flow? Is it best for the church to be governed by majority rule of the general membership? Or, should ministry personnel, such as an eldership group, have the final say on almost any matter? This is an important consideration because whatever you fail to decide up front, a secular court may eventually do for you. And that would not be good.

There are so many other things to focus on when starting a church. But remember, the point is that you must think them through and make some decisions about what you believe God is leading you to do. Then, you must decide what and how to either document or communicate your beliefs and expectations to the flock. It will do you no good to think things through but fail to clearly communicate them to church members. This is one of the most effective ways to avoid the kind of problems in the future that can derail a thriving ministry. This is what church law experts call the "contract" between a church and its members.

Your most important governing document is the church constitution. I should consist of the most important biblical concepts and direction you think is necessary to communicate to church members. But more importantly, it helps you come together as a community of believers and church leaders in agreement on what your mutual commitments and ministry will be and do. If you don't think it through, openly discuss it, and come to full agreement on… long before you incorporate and file tax forms, then it's an area that's ripe for dispute.

So focus on that first. And if you decide to incorporate and file tax forms later, your hard work on the front end will make those business tasks a smooth process, almost like an afterthought.

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