Should the Government Define What Constitutes Religious Worship?

By 

Jay Sekulow

June 21, 2011

3 min read

American Heritage

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Since our founding almost 18 years ago, the American Center for Law and Justice has been at the forefront of defending and protecting churches and other religious institutions from government interference.  These cases take many forms, ranging from misapplication of land use and zoning laws to government attempts to silence churches and their pastors.  One area that we have consistently focused upon has been attempts by governmental entities to define what constitutes religious use and religious worship.

 

In Texas, Florida, Tennessee and countless other states and cities around the country, we have been called on to defend churches that have had their local tax exempt status denied by government officials because of the definition of religious worship.  We are representing a well-known Christian ministry, based out of Texas, that has a worldwide global reach.  Mylon LeFevre Ministries has reached around the globe in proclaiming the Gospel of Jesus Christ.  Mylon, of course, was the founder and lead singer of the Christian band, Broken Heart.  He has a powerful ministry and a tremendous testimony that he shares worldwide.  Government officials have now denied the ministry its statutory right to tax exemption from property tax.  The reason governments give tax exemption to ministries and churches is because it is felt these organizations provide more benefit to the community than taxes would ever generate.  In addition, governments should not be in the business of taxing religious institutions for constitutional reasons as well. 

 

Mylons case, like others we have handled, involves a local agency that has concluded that Mylon LeFevres ministry doesnt constitute acts of religious worship.  First of all, the government should not be defining religious worship in such a way so that they can, at their own discretion, determine what constitutes valid religious worship and what does not.  Secondly, Bible study, prayer meetings and ministry outreach are all forms of religious worship that the Supreme Court has recognized as protected by the Constitution.  We are handling this matter for Mylons ministry through the administrative process right now.  In consultation with our Senior Counsel Larry Crain, we are preparing for likely court action.  In this court action, we plan on a direct challenge to the constitutionality of the Texas statutes regarding the definition of religious worship.  The moment the government can define for us what constitutes religious worship, we have allowed a very dangerous precedent to exist.  We will keep you posted as this matter progresses.