In Gerring, NB, the Church of Christ was prosecuted, its school had to move across the State line into Wyoming. In Morrill, the Indpendent Baptist Church had to move across the State line to operate. In North Platte, my wonderful friend Bro. Bob Gilthorpe who is sitting in the audience today, has spent 93 days in jail in North Platte. The court has levied fines against him of $200 a day and against his church also. Within the next 30 days they are going to sell his personal property, his home, and his church building to collect those fines. Also in other cities, for instance Central City, NB, there is a man by the name of Morrow who is a simple watch repairman. He was teaching his children at home. His wife is hiding in another county to avoid arrest, even though a jury found him not guilty when he was tried. Also, there is another pastor in the State whose wife is hiding out in the State of Iowa to teach their children. In Louisville, that is another story. In 1981, our church was pad'locked for the first time. In 1982, I was arrested four times, spent 120 days in the Cass County jail. On October 18, 1982, there were almost 100 praying ministers who were not even a part of the case at all, who were carried out, physically removed by 18 armed officers and the church padlocked for the second time. Then in 1983, there were 7 of my men who went to jail, their wives and 32 children fled the State to avoid arrest and then I also, even in spite of the fact that I had filed briefs in my case, and my daughter had done the same, the judge put out a warrant for our arrest. I recently returned to the State of Nebraska on April 26, voluntarily coming to the court, voluntarily recessing our school now, since we have a new law to operate under, waiting until it comes into effect on July 10. The judge vindictively sentenced me to 8 months in jail, stating right over the bench that he would like to have given me 2 years in the State penitentiary. He stated, as well as Judge Case, that they were not bound by the Constitution in this case. That is in the record. They do not believe that the Constitution applies. And this is one of the problems that we are facing. Also I was forbidden to have writing materials, to write books and pamphlets while I was in jail. I am now out on appeal. It is very interesting to me, Senator, that in Nebraska the attorney general of our State was impeached by the legislature then the State Supreme Court overturned the impeachment. He was then indicted on three counts of felony by the grand jury. He was given a $10,000 bond, he was allowed to sign for his. I was given a $100,000 performance bond, a $10,000 cash bond. I refused to pay it. Thank God for friends who went out and collected the money to pay it. I guess it is more dangerous to preach the gospel and to train children than it is to commit felonies in the State of Nebraska. What is the problem? I think it has been touched upon, especially by Attorney William Ball, and that is the problem of definition. We have a terrible problem with Government trying to define "religion.' It is very interesting that in the State of Nebraska, and President Reagan is falling into the trap by his advisors, and that is they are saying it is an educational issue not religious. Now, that may be what Government defines it as, but in our country the Constitution, especially the first amendment, allows me to define the tenets of my faith for myself. Therefore, if I believe that education is in fact a part of my religious faith, no government, including the Department of Education, the IRS, or anyone else has the right to define away that part of my faith and put it under the regulation of the State, unless they can show harm. Not one time in 7 years have they shown harm to the children. In fact, they have shown we are doing a superior job in education. I want to say just in closing that I have in fact submitted what I believe could be used as a basis for model legislation and I want to close by reading it because I think it contains the heart of what we need. No Federal, State, or local government shall define, classify, tax, license, approve, certify, restrain, or restrict or otherwise infringe on the practice of any sincerely held religious belief of any citizen of the United States. There are no compelling State interests that supersede the right of individual citizens to practice their religious beliefs. Religious beliefs shall be defined by the individual citizen and no citizen's religious beliefs must confrom to those of another, to be protected from the Government and its agencies. This act in no way diminished the ability of government at all levels to punish crime as defined under the common law. I believe that would give the basis for which we would like to see legislation. Thank you. Senator HATCH. Thank you so much. We appreciate both of you making the trip here to testify. I will say, Dr. Dixon, that the first amendment is not dead. This hearing is a perfect illustration of why it is not, and I intend to make sure that it is not. But I am also concerned that some of those who are the loudest, and properly so, in protecting the rights of free speech, and the rights of a free press, are perhaps not standing up as much as they should with regard to religious rights, and I am very concerned. I do not believe that pastors or ministers who are above the law either, but I am concerned when pastors are thrown in jail because of differences involving religious beliefs. These hearings are very interesting to not only me, but I am sure there will be many people on the Judiciary Committee who would take great interest in the testimony we are developing this day. I just want to thank both of you for being here. I will submit some questions to you in writing, and I would hope that you would answer them. I would also like to ask you, Pastor Sileven, to ask your attorneys to submit as much detail as they can for our record concerning some of the things that you have said here today. We would like to look into this a little carefully and Mr. SILEVEN. Would you like to have a copy of the court record? We will give you the whole record if you want it. Senator HATCH. I think that would be good, not for this record, but for our personal purview, and I think that anything else that you can do to help summarize the actual facts of the case, I would appreciate having for the record, in as brief a form as possible. Mr. SILEVEN. Thank you very much. [Material submitted for the record follows:] PREPARED STATEMENT OF DR. EVERETT SILEVEN RELIGIOUS LIBERTY AND ANALYSIS OF CURRENT STATUS THE SYNOPSIS BACKGROUND OF DR. EVERETT SILEVEN Dr. Everett Sileven was born April 21, 1939 near Muskogee, Oklahoma. His father was an itinerant Baptist preacher; his mother was a fine. Christian lady. When he was four his mother died of cancer, and he moved with his father to California where he lived for a very short time. He and his brother were soon adopted by an Aunt and Uncle in Missouri by the name Mr. and Mrs. Marvin Sileven. Mr. and Mrs. Sileven were the owners of a 6,000 acre ranch, and Everett spent his growing up years in that area working long and hard hours in timber, cattle, and farming. He graduated from the Houston High School, Houston, Missouri in 1957. He attended Southwest Missouri State Teachers College; Hillsboro College in Hillsboro, Missouri; Washington University and Southern Illinois University, majoring in Business Administration. He worked for Ralston Purina Company in the research division and also was manager of Package Development for ConAgra of Omaha, Nebraska, He spent a short time as manager of Package Research for the Frito Lay Company of Dallas, Texas. Pastor Sileven entered the full time ministry in 1975 after having completed his Master of Theology and Doctorate of Theology from Faith Baptist Theological Seminary in Morgantown, Kentucky. He has Honorary Doctorates from Freedom University in Orlando, Florida and Hyles-Anderson College in Hammond, Indiana. Pastor Sileven is Pastor of the Faith Baptist Church in Louisville, Nebraska, which has experienced the awesome hand of persecution by the State of Nebraska since 1977. He has spent 157 days in jail for operating a Christian School without a license. His daughter has been subject to arrest along with seven of the parents of his church who spent 93 days in the Cass County jail in Plattsmouth, Nebraska, Pastor Sileven is a patriot and a believer in the free enterprise system, constitutional government, and stands firmly on the principles of the founding fathers. It is due to his deep concern for America that an effort is being made to produce alternatives to the Marxist ideology being propagated in this country by founding the American Coalition of Unregistered Churches and its monthly magazine, the "Trumpet". Pastor Sileven is also a cooperating founder of the Nebraska Christian Political Action Committee. Dr. Sileven is traveling America on a busy speaking schedule as well as pastoring Faith Baptist Church. SUMMARY Religious liberty as known and protected by our founding forefathers, under the Constitution of the States and the United States, no longer exists in this country. There is a growing resistance to government encroachment upon these liberties, and unless the Congress does something substantial to restrain government from further encroachment, it is our fear that the government will perpetrate a second bloody Revolution in this country. B. C. "The power of the will to follow the dictates of its unrestricted choice, and to direct the external acts of the individual, without restraint, coercion, or control from other persons" (Myer vs. State of Nebraska 43S. CT. 625, 626, 262 U.S. 390.) "The word 'liberty' denotes not merely freedom from bodily (Religious liberty) "Freedom from dictation, constraint, or control in matters affecting the conscience, religious beliefs, and the practice of religions: freedom to entertain and express any or no system of religious opinions, and to engage in or refrain from any form of religious observance or public or private religious worship, not inconsistent with the peace and good order of society and the general welfare. See Frazee's Case, 63 Michigan 396, 30 N.W. 72, 6 AM. ST. Rep. 310: State vs. White, 64 N.H. 48, 5A. 828. |