On January 5, 2004, MESJ sent this letter to Senator Orrin Hatch, expressing opposition to the so-called "Patriot Act II." MESJ believes that this bill, which ostensibly aims to give the government the power it needs to combat terrorism, represents a serious threat to civil liberties. The letter was drafted by Jon Moyer, an LDS graduate student at the University of Utah.

To the Honorable Orrin G. Hatch, United States Senate:

As concerned Americans and dedicated members of The Church of Jesus Christ of Latter-day Saints, we feel it incumbent upon us to voice our strongest opposition to the Administration's continuing efforts to circumscribe our civil liberties. The September 11 terrorist attacks left America feeling understandably frightened and justly outraged. However, in the aftermath of the attacks, without proper deliberation or due regard for constitutional liberties, Congress passed the Patriot Act. As passions cooled and the imminence of additional terrorist threats receded, Americans of all political persuasions began to reexamine the Patriot Act and question its provisions. All Americans surely want to aid proper law enforcement and thus prevent further terrorist attacks. There is, however, no consensus that America ought to abandon its constitutional freedoms. On the contrary, Americans now feel a more intense desire to defend all that makes America free. As part of this focus on freedom, it has become increasingly clear to many Americans that the Patriot Act infringes the liberties of Americans protected by the Bill of Rights.

For example, the Patriot Act vitiates Fourth Amendment protections against unreasonable search and seizure of one's property and papers. Section 215 of the Patriot Act is clearly unconstitutional, as it allows searches without probable cause and without a warrant. Law enforcement officials may now "sneak and peek" through one's home-furtively searching for incriminating information without one's knowledge and with only dim judicial oversight. While we understand and share a sense of urgency regarding apprehension of terrorists, we cannot condone continued erosions of constitutional freedoms.

Even more threatening to American liberty is the proposed bill known as Patriot Act II. While we find much with which to disagree in this dangerous bill, we are especially concerned about the threats it poses to First Amendment freedoms of free speech and assembly. If Patriot Act II becomes law, not only could demonstrators be subject to prosecution for their actions, but they could also lose their citizenship. This strikes at the heart of American freedom, as vigorous dissent has always been one of our greatest strengths, not something to be suppressed or feared. The greater powers of surveillance that Patriot Act II would grant to the government would likewise serve to stifle legitimate political expression and chill free speech.

We oppose these measures not only because we are Americans but also because as Latter-day Saints we have a divinely mandated charge to uphold the Constitution. As Doctrine and Covenants 98:6-7 states: "I, the Lord, justify you, and your brethren of my church, in befriending that law which is the constitutional law of the land; and as pertaining to law of man, whatsoever is more or less than this, cometh of evil." In our view, the Patriot Act and its successor clearly transgress the bounds of constitutional law. We are also mindful of the numerous statements by prophetic leaders, past and present, regarding the sacred duty of the members of the Church to support the Constitution. President Brigham Young reiterated this sacred charge of the Latter-day Saints when he said that "if the Constitution of the United States were saved at all, it must be done by this people" (Journal of Discourses 12:204).

We urge you to examine your position on the Patriot Acts and to consider alternative responses to the threat of terrorism that would not endanger constitutional rights. Our zeal for safety from danger must not lead us to undermine liberty. We appreciate your consideration.

Sincerely,
Mormons for Equality and Social Justice