Lawsuit Calls BLM A Religion, Demands DC Street Banner Be Removed


In early June 2020, Mayor Muriel Bowser of the District of Columbia ordered the painting of a massive BLACK LIVES MATTER banner to span two blocks on 16th Street, a central axis that leads southward straight to the White House. The display was erected at taxpayers expense.

On June 10, 2020, three Christian conservative D.C. activists, Pastor Rich Penkoski of Warriors For Christ,1 Chris Sevier Esq. of De Facto Attorneys General,2 and Tex Christopher of Special Forces Of Liberty,3 filed a lawsuit pursuant to the First Amendment Establishment Clause and the Fourteenth Amendment Equal Protection Clause against the Mayor in Federal District Court in the District of Columbia, seeking injunctive relief to remove the banner. The Plaintiffs seek a temporary and permanent injunction to have the banner removed. A copy of the original complaint be found here and below.

The Establishment Clause of the First Amendment prohibits government actors from taking direct or symbolic steps to establish one religion as the favored religion of the government. In the lawsuit, the Plaintiffs argue that the Establishment Clause does not prohibit the government from respecting or favoring the orthodoxy of institutionalized religions but of non-institutionalized religions as well to include the what Ben Shapiro of the Daily Wire calls the “religion of Wokeness.” 4 The Plaintiffs cite the Supreme Court decision of Torcaso v. Watkins and several Federal Court of appeals decisions 1 where the Courts have recognized that Secular Humanism is a religion. The Plaintiffs allege that Black Lives Matter is a religious cult that meets the legal definition of a religion 2 and is a denominational sect of the religion of Secular Humanism. The Plaintiffs point to the “what we believe” section of the Black Lives Matter website 3 as evidence and assert that the Black Lives Matter orthodoxy amounts to a series of unproven faith-based assumptions and naked assertions that are implicitly religious and inseparably linked to the resolution of Secular Humanism.

The Plaintiffs assert that the Mayor’s action fails the “Lemon Test” 1 and is therefore unconstitutional under the Establishment Clause. The “Lemon Test” is a three prong test established by the United States Supreme Court 2 to determine if government action violates the Establishment Clause. If the Plaintiffs can show that the Mayor’s decision to erect the permanent display fails one prong, then the Court must issue an injunction. The Plaintiffs argue that the Mayor’s policy decision to erect the Black Lives Matter display fails all three prongs of the Lemon test for (1) lacking a primary secular purpose, for (2) cultivating and indefensible legal weapon against non-observers of the religion of Secular Humanism, and for (3) serving to excessively entangle the government with the religion of Secular Humanism.

What that means in plain English is that the Plaintiffs are basically arguing that the Black Lives Matter display signals to themselves and the public that the favored religion of the District of Columbia and of the Nation is the religion of Secular Humanism, which causes them to feel like second class citizens who are restricted from opposing Black Lives Matter liturgical dogma, which amounts to an attempt to justify practices that are inconsistent with the peace and safety of the state, according to the Plaintiffs.

If the Plaintiffs compel the Court to issue an injunction to remove the Black Lives Matter banner, it will convey to all other Democrats that they have to disentangle themselves and all aspects of the government with the Black Lives Matter cult. This will not only mean, no more banners, but the police will have to stop kneeling before Black Lives Matter members while on duty in public ritualistic atonement ceremonies. The Establishment Clause of the First Amendment requires that government actors remain neutral on issues of religion. It will be very interesting to see how this case turns out and can have major implications for the Democrat party.

A question presented is if you support the Black Lives Matter movement are you supporting a religious cult?

Here is the complaint:

Related:

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