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orpc is here present today who has had untold amount of persecution in North Platte.

I saw seven Godly men recently tried in abstentia in a courtroom in Cass County, NB. A pastor and his wife were being tried for battery in Bristol, IN at the present time. What was their crime? They gave a child three whacks each in a church school. The judge said to the pastor at the indictment hearing: If the child had just said it hurts, you could be charged with battery.

A couple in Indiana are being tried at this time for reckless homicide because they believe in prayer rather than medicine with regards to health of their child. And yet the State of Indiana covered up the death of a baby who was allowed to starve to death in a Bloomington hospital. And I might add that if in fact there are 87 deaths attributed to Faith Assembly Church in Indiana, there are 1.5 million deaths due to abortion perpetrated by the Federal Government every year.

The IRS is now a terrorist organization, they have become so strong that they can jail religious leaders for legitimate practices. [Applause.]

Dr. DIXON. The press has reported-

Senator HATCH. If I could interrupt you. I really would like to ask the help of all people here assembled to please not show any emotion throughout this hearing. I hate to tell you that because I know that these are emotional issues, but we have such a limited time and I have another very important hearing that has to begin at 2 o'clock and I am going to have a very difficult time getting through with this one. So I know how important this is and I know how much you feel and I respect you but I have to ask that we have no other demonstrations. And I hate to put a damper on that but it is just very important that we get through this testimony, and we have a number of very important people.

Dr. DIXON. I will be through in just a minute, Senator.
Senator HATCH. Thank you.

Dr. DIXON. The press has reported that IRS agents now pose as pastors and CIA agents post as missionaries. I am afraid that this is putting our total worldwide missionary efforts in grave danger. This is a direct assault on the church, but what happened in Vermont last week tops it all, in my opinion.

Without a valid warrent or probable cause or due process, 112 children were snatched from their parents at dawn and held for 11 hours. Thank God for the judge that let them go before the 72-hour period.

There are four areas, in my opinion, that we are having the most problem with:

No. 1, the IRS thinking that they ought to have jurisdiction concerning church finances.

No. 2, the child protection agencies that have received millions of Federal funds all over America and have established these child protection agencies in the States and they are abusing their power concerning children and their parents in regard to the educational process and discipline. And, Senator, may I say with all my heart, I believe that we are not just talking about States' accreditation but it will not be long unless something happens that is accredited or has the imprimatur of the Federal Education Department they will

not be able to go on to higher education. Also, they will not be able to get a job.

The other area is in the area of health. As an example, midwives have been outlawed in the State of Indiana. People have been criminally prosecuted for practicing medicine without a license just because they give information concerning vitamins and health foods.

These primarily are the four areas that I think we are having the most problem in.

One other thing in closing. Some time ago a lady stood in Denver, CO to speak to an audience. She said: "I escaped from Russia when the Communists took over there. I escaped to a Baltic nation. I escaped when the Communists took over there. Then I went to Cuba. I escaped when the Communists took over there. Now I have come to America.”

Somebody from the audience said: "Thank God you could come to America."

She said: "Yes, I thank God. But if America falls, there will be no place else to go."

Thank you.

Senator HATCH. Thank you, Dr. Dixon. I appreciate it.

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However, since the record will be left open for thirty days, I would
like to set the record straight as to the position of the unregistered
churches.

First, let me define what I mean by an unregistered church. An unreg-
istered church is one that recognizes Christ alone as the head of the
church based on many verses of scripture; but for brevity I will men-
tion two: Matthew 28:18-20 - "And Jesus came and spake unto them,
saying, All power is given unto me in heaven and in earth.
Go ye
therefore, and teach all nations, baptizing them in the name of the
Father, and of the Son, and of the Holy Ghost: Teaching them to
observe all things whatsoever I have commanded you: and, lo, I am with
you alway, even unto the end of the world. Amen." Ephesians 1:22, 23 -
"And hath put all things under his feet, and gave him to be the head
over all things to the church, which is his body, the fulness of him
that filleth all in all." Therefore, an unregistered church recognizes
no head secular or sacred but Christ alone.

Therefore, an unregistered church is unincorporated by the states and
does not seek or retain 501(c)(3) not for profit status with the Federal
Government. It does not seek or accept a license, permit, certification,
registration, or accreditation by any state entity for any of its min-
istries. It neither seeks or accepts state funds, such as tuition tax
credits, neither does it pay taxes because the church is not tax exempt
in America; but nontaxable. Also, we recognize the truth in Chief
Justice John Marshall's words, "The power to tax is the power to
destroy." We also believe in the adage, "Come shekles come shackles.'

Now in the light of the above, let me discuss William Ball and Larry
Tribe's testimony.

"

I am in total agreement with what they said, for an incorporated church
that is. When there is a question of government encroachment, they must
do as the gentlemen suggested. They must argue entanglement, and the
Government must prove a compelling interest and that there was no less
restrictive way to accomplish their goal. However, by arguing entangle-
ment the incorporated church has admitted that the Government has an
interest in their affairs by virtue of their incorporation which in
itself is a creature of the State.

Now, the unregistered church is different. We do not recognize any
interest of government in the internal affairs of our churches unless
it can be proven through due process that someone has committed a common
law crime. That is injury to someone's person or property, and those
charges should be criminal, not civil. This is exactly what Romans
chapter 13 teaches. Note verse 3, "For rulers are not a terror to good
works, but to the evil." Verse 4 says, "For he is the minister of God
to thee for good. But if thou do that which is evil, be afraid; for he
beareth not the sword in vain: for he is the minister of God, a reven-
ger to execute wrath upon him that doeth evil."

For instance, Pilate said concerning Jesus, "Why, what evil hath he done?"
Matthew 27:23. The Jews answered him, we have a law, and by our law he
ought to die, because he made himself the son of God." Then Pilate said,
"Take ye him and crucify him: for I find no fault in Him."

In other words there was no Roman law that Pilate could use to put Him to
death. But their law was presented to Pilate concerning blasphemy and
Pilate, being a coward and concerned for his job, listened to the rabble
say, "Crucify him, crucify him."

In essence this is what is happening all over America. Let's use Nebraska
as an example. The Constitution of the United States and Nebraska give

Faith Baptist Church every legal right to conduct an educational ministry. Of course they can wave this regulation, and they have done it before if the church recognizes the state's authority over them. Pastor Sileven and others would not recognize this authority (a legitimate governmental interest), therefore they tried to crush him.

Of course, it was all legal because they had "a law". But no evil (crime) was ever brought against Pastor Sileven.

We do not see the 1st Amendment in the terms of the establishment clause or the free exercise clause. We see it as a whole. We believe the simple but forceful language, if recognized by the courts, to be adequate.

"Congress shall make no law respecting an establishment of religion, or prohibit the free exercise thereof." In other words, the state will not establish a religion, and they will not hinder religion from propigating or evangelizing their faith.

We understand the word no to mean no. Therefore, to say Government has a legitimate interest in our churches is to recognize Government as Lord rather than Christ. To take a license or permit of any kind would be for us the denial of the Lordship of Christ. To pay direct taxes of any kind would be to recognize the State as sovereign rather than our Lord Jesus Christ.

Therefore unless it can be proven through due process that there is criminal activity, Government should leave the church to carry out its God given ministry. Therefore, for the State to pass any law regulating the churches' activities or ministries is unconstitutuional. In other words, no means no.

But it concerns me deeply that the lower courts constantly say that they cannot, or will not, rule on the Constitution. In that they are breaking the law by violating their oath to uphold and defend the Constitution.

In my opinion, no new legislation is needed unless it will strengthen the language and intent of the 1st Amendment. To pass new legislation would in my opinion, cheapen the 1st Amendment. If our liberties are not protected by it, then our liberties are gone anyway.

I trust that the courts of this nation will begin honoring the 1st Amendment, or good men and women will populate the jails in America as in other countries. Once and for all, it must be established again in our generation that we have the right to practice our faith in America as well as to believe it.

Now if you or no one else in the United States agrees with the position of the unregistered churches, our faith should still be protected by the 1st Amendment.

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Senator HATCH. Pastor Sileven, we are happy to take your statement at this time.

STATEMENT PASTOR EVERETT SILEVEN

Mr. SILEVEN. Thank you, Senator Hatch. I want to thank you and your committee for having these hearings and I want you to know that it is a privilege to be here.

I have been in over 1,000 churches in the last 18 months and have spoken to over 1 million people face to face, I am here today to say that it is my candid opinion that Government at all levels has now become the adversary of the churches and freedom of religion.

There are now approaching 7,000 cases in this country where Christians are being prosecuted. Just recently in Milwaukee, two pastors came to me and said: "We started a church in a home and we were told that if we opened our bibles one more time in these homes we would go to jail.'

Today there are parents in Florida who are about to lose their children because they refused to send them to a State-approved school.

It is not because the quality of education is poor. In fact, test results indicate that the quality and academic achievement is superi

or.

Today, as I sit here, there is a church in Redding, CA that is battling the State bureaucracy over its control of its day care center. I too would agree that the IRS has become a law unto itself. In fact, without trying to be inflammatory, I think there are many people who feel that they are really the gestapo-like agency of our Government.

The Reverend Moon's case, the Bob Jones case, simply lay the foundation for which the IRS will continually come down upon churches.

Now for the first time we have one small Southern Baptist Church in the State of Georgia where a deacon turned in his pastor and church for not paying the Social Security tax even though it is being repealed, and the IRS has levied a $25-a-day penalty against that church, with the indication that they will sell their property if necessary to collect.

Nebraska has been the horror story of our Nation for a long time. In 1980, the Amish were prosecuted even though the Yoder case is in good standing. They were fined. They refused to pay the fines. The State confiscated their buggies and sold them at public auction. Rather than fight, the Amish moved.

The Mennonites have been prosecuted consistently in the State of Nebraska for the education of their children.

In York, NB, Rev. Moray is the pastor of the Apostolic Church. There were three State deputies who came into his church with guns on their hips and lined the people up against the wall and confiscated their records. The church then took their children to their homes to teach them. And as I sit here today, they are being prosecuted for truancy. And not one time has there been any evidence that the children have been hurt or that their education is lacking.

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