[Vision2020] Not on the Palouse, Not Ever! (update # 58)

[heirloom at moscow.com]

Mr. Moffett and Miss Roskovich,

You both seem to be very interested in the care and training of 
young people (unlike Mr. Westberg and his comments about Bloody 
Mary’s). It seems that serving any alcohol to individuals under 
the age of 21 is against the Code. I would agree with state law 
on this point. Children and young adults under the age of 21 should
not “buy, steal or lie” in order to procure an “adult beverage”. 
Adult beverages are for adults (and in some cases in one’s own 
home along side of their parents). All of the statistics about 
juvenile binge drinking and abuse is sad, to say the least. But we 
are not talking about the need for catering and beverage licenses 
or a Bar in the middle of an auditorium serving drink after drink 
to young people. No, we are talking about a standard size communion cup. 
You know the ones that you used to take home and put in the doll 
house to be used as a flower vase for your Polly Pocket.
 
Miss Roskovich, one part of the Idaho Code applies to your concerns. 
That part can be found in Statute  23 ALCOHOLIC BEVERAGES, CHAPTER 5,
PERMITS AND LICENSES:
23-502. SACRAMENTAL WINE. A minister, priest, rabbi, or religious
organization shall have the privilege of purchasing wine for sacramental
purposes from the dispensary (the local liquor store or wine company) or
from any other source within or without the state.
 
This section is under permits and licenses of the code. It is very, 
very clear that a religious organization, say Christ Church, can get 
their wine from any where, and from any one, without paying a fee, 
tax or license from “within or without the state”.
 
There is no need for a beverage permit or any other burden put on 
it by the State or any State agency.
 
As to Mr. Moffett’s concern about serving this tax / permit free 
wine to minors. One can only hope he and the other “concerned” 
parties will listen with their enlightened minds to what is to follow.
 
In a recent post on “Blind 20/20” Mr. Moffett stated: “the ceremonial 
use of wine for minors (on private property) could be fought in the 
courts on the grounds of religious freedom.” Mr. Moffett, I wonder, 
if we can practice sacramental use of wine on private property and 
win in the courts on the “grounds of religious freedom”, can we 
practice sacramental use on county owned land and win? Can we take
communion on city own land? Can we take Communion on a school 
district’s property and win a law suit? How about in a prison? How 
about taking communion on Federal Indian lands? How about taking 
communion during Prohibition, was it legal back then?
 
Mr. Moffett, et al, what part of the Idaho code where it says FREE 
EXERCISE OF RELIGION PROTECTED, do you NOT understand? In case you 
can’t find this section of the code I will provide portions of it 
for your education.73-401 of the Idaho code states in the definition 
section:
(1) “Government" includes this state and any agency or political 
subdivision of this state.
(2) “Political subdivision" includes any county, city, school district, 
taxing district, municipal corporation, or agency of a county, city,
school district, or municipal corporation. (THIS WOULD INCLUDE THE 
UNIVERSITY OF IDAHO AND THEIR POLICY MANUAL.)
 
73-402 FREE EXERCISE OF RELIGION PROTECTED 
(1) Free exercise of religion is a fundamental right that applies in this 
state, even if laws, rules or other government actions are facially 
neutral.
 
73-403 APPLICABILITY.
(1) This chapter applies to all state laws and local ordinances and the 
implementation of those laws and ordinances, whether statutory or 
otherwise, and whether enacted or adopted before, on or after the 
effective date of this chapter.
(2) State laws that are enacted or adopted on or after the effective 
date of this chapter are subject to this chapter unless the law 
explicitly excludes application by reference to this chapter. 
(3) This chapter shall not be construed to authorize any government to 
burden any religious belief.
 
It is not against the law. Please re-read statute 73 in the Idaho Code. 
Check out most of the other state’s laws concerning this. Sacramental 
Wine isn't taxed nor does it have to be included under the jurisdiction 
of this state's liquor laws. Statute 23-502 says it is different than 
beverage wine. It was free to use during Prohibition, it is free now, 
to use in prison, on indian land or any where else the Church sees fit 
to practice it.

To me it is clear, no state law written or implied, university policy 
or your Legal Law Dictionary has any authority over the Sacramental 
Use of Wine in Idaho. If the Elders of Christ Church decide to provide 
wine in the Communion cups, by faith, my underage children ages 20, 17, 
14, 12, 8, 7 and 3 3/4 will be partaking along with many of the other 
children in attendance. I invite you to come and see their faith in the 
salvation of the Lord put into practice. You will be changed. I hope the 
Elders choose to use the good stuff for it will be very sweet to celebrate 
Eucharist at a table set in the presence of our enemies.
 
Lemeno
Doug!

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