What amazes me is not that public health officials want to eliminate prayer and gatherings on any day, month or year that they can claim it’s for your safety.  Nor that courts would ratify those moves.  What does amaze me is that someone would actually stop his singing because someone told him to.

 On Thursday, the Supreme Court of the United States endorsed Governor Newsom’s ban of singing and chanting in religious services and upheld banning 75% of the congregation from praying together with their fellow worshippers.  As I wrote back December 1, 2020, in response to the Archidiocese/Aguda decision, the Supreme Court decisions continue to try to degrade and limit our Constitutional rights.  You can read my complete analysis of that decision here.

 But that only works for people who would actually allow another human being to tell them when and how and with whom they can joyfully and prayerfully sing to praise Almighty G-d!

 What’s the real underlying issue?  It’s a spiritual issue that leads to a legal issue.  Through years of mis-education, many Americans actually now believe that their rights are granted by the Constitution and the Bill of Rights as then limited and defined by the courts!  And due to this mis-education, some religious leaders and their congregants will comply with whatever they are told to do.  Some don’t even bother to challenge it in court, some only make limited faulty challenges and some will do whatever the court decides, even if it violates their very rights as a living being.

 I suggest that the colonists who supported independence from the King of England and even the Loyalists would be horrified to see the state of thinking about rights in modern America.

 Let’s set the record straight – 

• Our rights are Divine Rights given by G-d Almighty.  They are eternal which means that preceded the Declaration of Independence and will continue unaltered no matter what happens to the United States of America.  They are inalienable which means that no one can take them away and you can’t give them up even if you wanted to.
• Our Divine rights exist in every country and every time.   
• The Declaration of Independence and the Bill of Rights only mention a few of many rights.  For example, every living being has a right to breath freely, sing, smile and make a living.  We don’t need a document to tell us that or a court to remind us that.
• The only people who can protect and enforce our rights is you and me and that’s by exercising them.
• They are individual rights and liberties not civil rights and liberties.  An individual right and liberty is yours because you exist.  A civil right and liberty is a result of your residence in a city or country and can be granted or removed by the community, either through the dictates of a governor or mob rule.  The terminology has been subtly shifted in law school and court cases and the media over the past 70 years, from individual to civil.  

So what is the spiritual solution.  Every human being is created in G-d Almighty’s image and we need to remind each other of that.  When you know you have a Divine unchangeable source for who and what you are, you can’t be affected by what others want you to believe and do.

 I suggest that the Declaration of Independence was neither a philosophical statement nor a frustrated act of resistance by people who were fed up.  

 Rather, the Declaration of Independence was religious awareness that translated into action.  The prime movers of the message of Divine individual rights were religious leaders who for decades and longer had educated their congregants in the supremacy of G-d Almighty and the knowledge of their Divine rights and the willingness to act like people who actually have those Divine rights.

 The origins of this colonial thinking actually came from England, and it reached England from  Holland.  The Seven Colors of the Rainbow points out that the ideas originated from the positive influence of the orthodox Jewish Rabbis in Holland which spawned an awareness of our Divine rights based directly on Torah teachings.  There are contemporaneous books written in Dutch by non-Jews about the Seven Law of Noach, which, along with their many details, are the Biblical commandments applicable to all mankind from the first creation of man and re-gifted by G-d Almighty through Moses on Mount Sinai. 

 While the then widespread belief in G-d Almighty and Divine rights has a residual effect on America today, with the mis-education and the removal of the knowledge of G-d from the schools and the Divine source of our rights from schools and even from religious teachings, the rights shift from Divine individual to merely civil.  Then the governors, the courts and even the people can follow the dictates of reason, passion and fear.

 I don’t think this will pass, on it’s own.  The Wall Street Journal suggested this morning that the pandemic will become endemic, a permanent state of affairs.  Public health planners have been yearning for this type of power for decades, if not longer.  They are not going to give it up.  They will make the ‘rule of law’ about whatever law they favor and declare.

 So it is not just a spiritual necessity but a legal necessity to re-establish the eternal Divine truth in the forefront of our minds and hearts.  And sing it out loud with your family, friends and community!  

I predict if you do what is right, no one will bother you.  But if they do there are a few lawyers happy to help you sing out loud in whatever language you sing, including our firm, because that’s why we became lawyers in the first place.  Set up an appointment here if we can help you.

With blessings to you and your family, 

E. David Smith, Esq.

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