Those who would attack the church require only the slightest pretense. Where no basis in law exists, a legalistic pretense will be created as illustrated in two recent examples (with thanks to WND for reporting on them.)

Town Changes Rules to Ban Church

The first occurred when a town changed their rules to ban a church from the civic center.”

In this case, a misguided fear of “violating the Constitution’s establishment clause” led the city council to ban church worship services.

The case is not yet resolved, but will likely go in the church’s favor (with no help from the constitution’s establishment clause.) The city was inconsistent when implementing their policies: they let other groups use the civic center for similar events and rented office space in the same building to a Lutheran church. But that didn’t stop “their fears” from making up ad hoc rules to exclude the church.

If cities should implement their policies consistently, or cleverly revamp them from scratch to exclude the church, protection from the constitution’s establishment clause will be revealed to be merely rhetorical. Practically, only those with the resources to press the issue will be heard in federal court. In the meantime, ministries will be shut out or shut down until the local domains excluding them have a compelling reason to relent.

‘Constitutional’ Protection?

The federal constitution doesn’t prevent a city from making policies and ordinances. There is no agreement between these entities (fedgov and city). The state constitution might have a clause to which churches may appeal, depending on the state. Such will only be tested if churches in their domain have the will and resources to protest.

The church in this first example protested to local authorities and will likely prevail. Their victory will stem from the inconsistent policy implementation by the city.

Retired Pastor Threatened With Eviction Over Bible Study

The second case hits close to home when a “retired pastor is threatened with eviction over his Bible study meetings.

A company that runs a senior-living center in Fredericksburg, Virginia, has decided that a Bible study is a “business” and consequently has threatened to evict a retired Lutheran pastor and his wife for conducting one in their residence.

From the start, the retired pastor characterized his Bible study as a “book review” to avoid friction with the management company. Then we see another example of a private entity making ad hoc changes to their policies to justify an eviction. In this case, they recategorized the Bible study as a business.

As in the first example, the company ’s mistake was inconsistently implementing their policies. Other groups were permitted to meet in the same space to engage in activities ostensibly identical to those of the pastor’s Bible study. The company would have to show that holding a Bible in your hands when meeting others somehow makes it a business meeting to justify their eviction of the pastor.

The legal defenders of this small group say the federal housing act (FHA) may be the remedy for the pastor:

The actions by the Evergreens “violate the Fair Housing Act and its accompanying regulations,” First Liberty contended. “The FHA prohibits discrimination ‘against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of … religion.”

Private Homeowners in HOA Domains

The FHA might be a remedy for church activities under its domain. But what about private homeowners? 40 million households (53% of households in America)¹ are in the legal domain of a Home Owners Association and bound by the agreement that defines it.

Fortunately, four small groups recently prevailed when an aggressive atheist brought suit against the HOA of a retirement community in California to put an end to four Bible studies.

HOA agreements control the use of the home. Could the language in those agreements be changed, after the fact, to restrict Bible studies or house churches?

Of course, they could.

What if the atheist in the previous example was on the HOA board of your community? What would prevent him from making up an ad hoc rule as was done in the first two examples in this article?

Most of those who’ve signed HOA agreements have little knowledge of their contents. After the fact, homeowners may object to their restrictions. But those restrictions are clearly outlined in a document bearing an essential legal feature: the signature of the homeowner. Indeed, participation in this domain is entirely optional.

As faith-based attacks on homes in the domain of an HOA increase, believers must be mindful about their voluntary consent into these domains.

First Line of Defense

A believers first line of defense is prayer and God’s supernatural protection. However, Christians should take notice of Walter Williams’ description of the first line of defense in secular terms.

A civilized society’s first line of defense is not the law, police, and courts but customs, traditions, and moral values. Behavioral norms, mostly transmitted by example, word of mouth and religious teachings, represent a body of wisdom distilled over the ages through experience and trial and error.²

The “customs, traditions and moral values” Williams refers to came directly from the foundational document of western civilization: The Bible. So did common law, although the current legal system in America is commercial.

In other words, whereas the Bible, itself, was the primary legal document in Christendom, Americans must now appeal to its faint echo filtered through society and commercial law.

Recommendations

While not possible or righteous to avoid all persecution, we are sent out “as sheep in the midst of wolves, so be wise as serpents and innocent as doves (Mt 10:16.)” As hard as dove-like innocence may be to some, and serpentine-like wisdom to others, the fulfillment of the great commission requires both. Where one is lacking, believers are compromised.

Any justice received by Americans is limited to what they can or will afford. For ministries already entangled by legalistic pretense, it will cost money to break free. More often, what’s required is the wisdom to navigate the various domains of the territory to remain on task.

• Pray for God’s supernatural guidance on every premise and decision of your ministry.
• Look for states, counties, and cities with widely shared Christian beliefs; without a history of making ad hoc ordinances to quell irrational fears or provide temporary convenience.
• Disabuse yourself of the false mindset that your first line of defense is the law. The legal system is the last line of defense and available only to those who can afford it.
• Look for protection from the inconsistency of your opponent’s policy implementation or the customs and traditions of the domain of your ministry.
• Think carefully before signing a home owner’s agreement that might one day be used as a lever of control over your Bible Study, ministry, or house church.
• Where they don’t “receive you or listen to your words, shake off the dust from your feet when you leave that house or town.” (Matthew 10:14)
• Where escape is impossible, stand your ground for the truth and God’s glory. Bear your cross with steadfastness and joy and “consider this light momentary affliction is preparing for us an eternal weight of glory beyond all comparison, as we look not to the things that are seen but to the things that are unseen. For the things that are seen are transient, but the things that are unseen are eternal (2 Co 4:17–18).