Thursday, April 19, 2012

5th Circuit: Social Security Survives Free Exercise and Establishment Clause Challenge

In Hamner v. United States, (5th Cir., April 18, 2012), the U.S. 5th Circuit Court of Appeals rejected claims brought by a pro se plaintiff that the Social Security Act violates the free exercise and establishment clauses of the 1st Amendment.  The court described as "frivolous" plaintiff's claims that Social Security is a "charity" program, and that payment of Social Security taxes and administration of the program either interferes with his exercise of Christian charity or forces him to participate in a Christian charity.