Welcome to the Liberty Insider. 00:00:26.29\00:00:28.19 This is your program 00:00:28.22\00:00:29.62 for religious liberty news, views, and discussion. 00:00:29.66\00:00:33.40 My name is Lincoln Steed, editor of Liberty Magazine. 00:00:33.43\00:00:36.87 And my guest for this program is Attorney Charles Steinberg. 00:00:36.90\00:00:41.90 You're not an... 00:00:41.94\00:00:43.27 You are an attorney, 00:00:43.30\00:00:44.64 but your particular relationship 00:00:44.67\00:00:46.37 to religious liberty as you're vice president 00:00:46.41\00:00:48.54 for The Northwest Religious Liberty Association, right? 00:00:48.58\00:00:51.35 Yes, Lincoln. 00:00:51.38\00:00:52.71 And, of course, you and I 00:00:52.75\00:00:54.08 have had a lot of dealings over the years, 00:00:54.12\00:00:55.45 but this is the first time on this program. 00:00:55.48\00:00:57.35 So in a way to sort of introduce you, 00:00:57.39\00:01:00.99 tell me how... 00:01:01.02\00:01:02.36 What's your background 00:01:02.39\00:01:03.73 and how you became connected with religious liberty work? 00:01:03.76\00:01:06.53 What was the appeal to you? 00:01:06.56\00:01:08.30 Well, every attorney is encouraged 00:01:08.33\00:01:10.17 to do pro bono legal service, 00:01:10.20\00:01:13.07 and my wife and I always enjoy going to camp meeting. 00:01:13.10\00:01:15.84 What's pro bono? 00:01:15.87\00:01:17.21 Well, not everyone's a Latin speaker. 00:01:17.24\00:01:18.57 Pro bono is free legal services. 00:01:18.61\00:01:21.48 And my wife and I love going to camp meeting 00:01:21.51\00:01:24.25 and the camp meeting in Auburn, Washington 00:01:24.28\00:01:27.22 is still a full 10 day camp meeting. 00:01:27.25\00:01:28.95 For the Seventh-day Adventist Church? 00:01:28.98\00:01:30.32 For the Seventh-day Adventist Church. 00:01:30.35\00:01:31.82 And I was at one of the camp meetings 00:01:31.85\00:01:33.96 in 1998-1999, 00:01:33.99\00:01:37.23 and I look back and there was this large booth 00:01:37.26\00:01:39.93 for Liberty Magazine Religious Liberty, 00:01:39.96\00:01:42.53 it had pictures of Thomas Jefferson on it. 00:01:42.56\00:01:46.74 And an announcement came through 00:01:46.77\00:01:48.14 that they were looking for someone 00:01:48.17\00:01:49.50 to be their legal go-to person, and I applied 00:01:49.54\00:01:54.58 and it's been quite a fun road ever since. 00:01:54.61\00:01:59.11 So what year was that again? 00:01:59.15\00:02:00.48 That was back in 1998. 00:02:00.52\00:02:01.95 '98. 1997. 00:02:01.98\00:02:03.69 Just before I began with Liberty Magazine. 00:02:03.72\00:02:05.85 Yes. 00:02:05.89\00:02:07.22 I feel like I'm a new arrival, but it's 20 plus years now. 00:02:07.26\00:02:11.13 Yeah. 00:02:11.16\00:02:12.49 In the Northwest Religious Liberty Association, 00:02:12.53\00:02:14.26 we encompass five states in the northwestern part 00:02:14.30\00:02:17.07 of the United States, Washington, 00:02:17.10\00:02:19.53 Oregon, Idaho, Alaska, and Montana. 00:02:19.57\00:02:22.47 You know, it's quite a big area, 00:02:22.50\00:02:23.87 maybe not a massive amount of people, 00:02:23.91\00:02:26.44 although there's a few good... 00:02:26.47\00:02:28.48 Seattle is a big center. 00:02:28.51\00:02:30.88 But, you know, you saw the need for religious liberty, 00:02:30.91\00:02:34.45 but why did that sort of resonate with you. 00:02:34.48\00:02:38.15 Had you often thought about religious liberty concerns? 00:02:38.19\00:02:41.72 Yes, I thought about religious liberty concerns 00:02:41.76\00:02:45.73 when I was in undergraduate work 00:02:45.76\00:02:50.17 at the University of Washington, 00:02:50.20\00:02:52.03 I worked my way through undergrad 00:02:52.07\00:02:54.34 working in a retail store. 00:02:54.37\00:02:56.34 And I'd fallen away from my Jewish faith 00:02:56.37\00:02:58.51 and not really observing the Sabbath that much. 00:02:58.54\00:03:01.14 And then when I met my wife, she encouraged me 00:03:01.18\00:03:03.21 to start observing the Sabbath again. 00:03:03.24\00:03:05.11 Good wife. 00:03:05.15\00:03:06.48 Good wife. Yes. 00:03:06.51\00:03:07.85 Not all of them, but most good wives are lucky. 00:03:07.88\00:03:10.15 Yes. 00:03:10.19\00:03:11.52 And so I went to my boss at the time, 00:03:11.55\00:03:13.69 and my boss at the time at Schuck's Auto Supply, 00:03:13.72\00:03:17.23 which is a retail chain in the Northwest. 00:03:17.26\00:03:20.03 I said, "You know, I need to have sundown Friday off 00:03:20.06\00:03:22.06 to sundown Saturday off." 00:03:22.10\00:03:23.43 And Jeff said, 00:03:23.47\00:03:25.17 "You know, you know, Chuck, I'm happy to give you that. 00:03:25.20\00:03:27.94 You can work and open and close all day Sunday." 00:03:27.97\00:03:29.97 And that was my first instant into requesting 00:03:30.01\00:03:33.34 what I would learn later was a religious accommodation... 00:03:33.38\00:03:36.31 And not always easy as that for people. 00:03:36.34\00:03:38.31 A very hard for many people to have to choose 00:03:38.35\00:03:40.82 between their job and their religious faith, 00:03:40.85\00:03:44.25 but that was my initial introduction into it 00:03:44.29\00:03:46.69 and I was really excited 00:03:46.72\00:03:48.09 to be able to put some my legal skills to work 00:03:48.12\00:03:50.93 on behalf of the region and other people of faith. 00:03:50.96\00:03:53.29 Okay. 00:03:53.33\00:03:56.06 In our religious liberty work, 00:03:56.10\00:03:57.43 both within our Adventist community 00:03:57.47\00:03:59.57 and then the larger religious community, 00:03:59.60\00:04:01.90 not just Christian, many lawyers are involved. 00:04:01.94\00:04:05.04 And there's clearly a strong legal component 00:04:05.07\00:04:09.41 and governance and so on. 00:04:09.44\00:04:10.78 But what was it about for you 00:04:10.81\00:04:14.02 when you look back training as a lawyer that 00:04:14.05\00:04:16.15 that sort of heads you in the direction 00:04:16.18\00:04:19.15 to see the importance of religious liberty? 00:04:19.19\00:04:21.02 Because it's not just a legal question, is it? 00:04:21.06\00:04:23.36 It's not a legal question. It really... 00:04:23.39\00:04:25.23 what it really comes down to is, 00:04:25.26\00:04:29.06 you need to have the freedom to be able to worship 00:04:29.10\00:04:32.77 regardless of what your faith background is. 00:04:32.80\00:04:35.07 Yeah. 00:04:35.10\00:04:36.44 And when you have somebody, 00:04:36.47\00:04:37.81 whether it would be the government, your boss, 00:04:37.84\00:04:40.28 or some outside source, basically trying to tell you, 00:04:40.31\00:04:45.91 "You can't do XYZ 00:04:45.95\00:04:47.75 because just because of your faith," 00:04:47.78\00:04:50.65 that's outright prejudice. 00:04:50.69\00:04:52.29 Yeah. 00:04:52.32\00:04:53.66 And within the legal framework 00:04:53.69\00:04:55.02 in the United States and in Canada, 00:04:55.06\00:04:56.96 you can go to the courts sometimes 00:04:56.99\00:04:58.99 to get redress. 00:04:59.03\00:05:00.36 And a lot of times that... 00:05:00.40\00:05:02.53 A lot of times that works well, 00:05:02.56\00:05:03.97 a lot of times it doesn't work well. 00:05:04.00\00:05:05.37 Yes. 00:05:05.40\00:05:06.74 And well, there's the biggest story, 00:05:06.77\00:05:08.10 which we might talk more about later. 00:05:08.14\00:05:09.47 Yes. 00:05:09.50\00:05:10.84 But what I'm fishing at, I have... 00:05:10.87\00:05:13.34 And tell me if I'm right or wrong? 00:05:13.38\00:05:15.84 I've developed views that that lawyers 00:05:15.88\00:05:18.68 in the general lawyer community, 00:05:18.71\00:05:21.65 they don't all think of absolute values, 00:05:21.68\00:05:24.82 the way lay people think they do. 00:05:24.85\00:05:27.99 It's often whether this can be argued 00:05:28.02\00:05:30.29 and president of course carries that they said, 00:05:30.33\00:05:33.83 where in religious liberty, 00:05:33.86\00:05:35.20 we take a preexistent value position, 00:05:35.23\00:05:39.57 it does relate to the rights of a human being, 00:05:39.60\00:05:43.67 but it goes even further. 00:05:43.71\00:05:45.04 We are created being God's image, 00:05:45.07\00:05:46.91 the power of choice and so on. 00:05:46.94\00:05:49.48 But it may not be quite as clear to some lawyers, 00:05:49.51\00:05:53.31 that this is an absolute right. 00:05:53.35\00:05:56.22 Yeah... 00:05:56.25\00:05:57.59 Like for example, it bothers me like crazy. 00:05:57.62\00:06:00.56 I see the legislation 00:06:00.59\00:06:02.42 that goes through on religious liberty 00:06:02.46\00:06:03.79 and it nearly always says that this is allowed 00:06:03.83\00:06:07.90 unless there's a government, what's the term? 00:06:07.93\00:06:12.67 Let's say some compelling state interest otherwise. 00:06:12.70\00:06:14.64 A compelling government interest, 00:06:14.67\00:06:16.00 one of the standards, yes. 00:06:16.04\00:06:17.37 Well, if you believe in a moral absolute 00:06:17.41\00:06:18.87 that's such a weaselly statement. 00:06:18.91\00:06:21.24 And then also lawyers always saying, 00:06:21.28\00:06:23.55 "Yes, well you have this right, 00:06:23.58\00:06:24.95 but it's in relation to another person's right." 00:06:24.98\00:06:27.72 And there might be times 00:06:27.75\00:06:29.08 when it trumps your right for religious liberty 00:06:29.12\00:06:30.85 or at least religious action in that situation. 00:06:30.89\00:06:33.56 Yeah. 00:06:33.59\00:06:34.92 When there are conflicts... 00:06:34.96\00:06:36.29 when there are conflicts the courts sometimes 00:06:36.32\00:06:37.83 have to engage in balancing tests and... 00:06:37.86\00:06:40.16 Right, now you're getting... Sometimes there's a winner. 00:06:40.20\00:06:41.56 Thank you, I'm glad you said that 'cause... 00:06:41.60\00:06:42.96 Sometimes there's a winner and sometimes there's a looser. 00:06:43.00\00:06:45.00 Right and it's very practical. 00:06:45.03\00:06:47.87 I mean, that's why lawyers do. 00:06:47.90\00:06:49.50 But it is, a bit at odds with moral absolutes. 00:06:49.54\00:06:52.67 It's very much at odds with moral absolutes, 00:06:52.71\00:06:54.64 but you know, we're not under theocracy. 00:06:54.68\00:06:56.38 No. 00:06:56.41\00:06:57.75 We're under a constitutional republic 00:06:57.78\00:06:59.11 in the United States. 00:06:59.15\00:07:00.48 Yes. 00:07:00.52\00:07:01.85 And the Bible, when I read through the Bible, 00:07:01.88\00:07:04.42 I see that God is a God of free will. 00:07:04.45\00:07:07.02 God's got a free choice. 00:07:07.06\00:07:09.09 In our legal training, 00:07:09.12\00:07:10.46 we are taught to muster up whatever arguments we can 00:07:10.49\00:07:14.23 for that certain proposition. 00:07:14.26\00:07:15.60 Yeah. 00:07:15.63\00:07:16.97 And then some... in some of my law classes, 00:07:17.00\00:07:19.10 we were told after we prepared that side of the argument, 00:07:19.13\00:07:21.64 we were told immediately to flip the debate. 00:07:21.67\00:07:24.17 The O.J. Simpson Law. 00:07:24.21\00:07:26.64 Flip the argument. 00:07:26.68\00:07:28.01 The Kardashian approach. 00:07:28.04\00:07:29.44 Flip the argument and argue the other side. 00:07:29.48\00:07:31.28 Yeah. And it's a good exercise. 00:07:31.31\00:07:32.71 I did that in a lot of things myself. 00:07:32.75\00:07:34.12 Yeah. 00:07:34.15\00:07:35.48 You really need to put yourself in the other position 00:07:35.52\00:07:36.99 to fully understand your own even. 00:07:37.02\00:07:39.02 And one of the things I remember from... 00:07:39.05\00:07:41.59 It's been about 20 years now, 00:07:41.62\00:07:43.02 one of the things I remember about 20 years ago, 00:07:43.06\00:07:45.49 is my colleague and I were discussing, 00:07:45.53\00:07:49.00 can you have a robust free exercise of religion 00:07:49.03\00:07:52.83 guaranteed by the First Amendment 00:07:52.87\00:07:54.20 of the U.S. Constitution? 00:07:54.24\00:07:56.27 And also can you have a robust antiestablishment, 00:07:56.30\00:08:02.08 the government shouldn't be establishing churches. 00:08:02.11\00:08:04.65 Can you have both of those coexisting? 00:08:04.68\00:08:07.58 Well, we could have two or three programs on that... 00:08:07.62\00:08:09.62 I think so. 00:08:09.65\00:08:10.99 Between free exercise and the establishment 00:08:11.02\00:08:12.72 as the whole game, at least constitutionally. 00:08:12.75\00:08:15.62 Yeah. 00:08:15.66\00:08:16.99 But, it's all basically done to help people 00:08:17.03\00:08:18.49 to free up their ability to worship 00:08:18.53\00:08:20.46 as their conscience dictates. 00:08:20.50\00:08:22.20 Yeah. It's the main thing. 00:08:22.23\00:08:23.63 It's liberty of conscience. Yes. 00:08:23.67\00:08:25.40 And that's what I tell a lot of people 00:08:25.43\00:08:27.70 on religious accommodation. 00:08:27.74\00:08:29.94 The intent is to accommodate people's religion, 00:08:29.97\00:08:34.38 but usually when it comes up, 00:08:34.41\00:08:35.98 the issue is not what religion you have, 00:08:36.01\00:08:38.01 or what your church says, 00:08:38.05\00:08:39.38 or what dispensation or otherwise, 00:08:39.41\00:08:41.22 it's your conscience, 00:08:41.25\00:08:42.92 you're under conscience conviction 00:08:42.95\00:08:44.75 for the stance, you alone. 00:08:44.79\00:08:46.82 In court, if it's an employee-employer situation, 00:08:46.86\00:08:50.13 it's usually not your church there 00:08:50.16\00:08:51.93 standing up in court with you, it's just one person. 00:08:51.96\00:08:54.46 Yeah. 00:08:54.50\00:08:55.83 One person who's very strong in their belief 00:08:55.86\00:08:58.20 and willing to take on the consequences 00:08:58.23\00:09:00.74 of them standing up for that belief, 00:09:00.77\00:09:02.44 whether it be termination from their job, 00:09:02.47\00:09:05.97 not being the breadwinner anymore, 00:09:06.01\00:09:07.98 or in some cases 00:09:08.01\00:09:10.88 they would risk being attacked, 00:09:10.91\00:09:15.02 have sugar poured in their gas tank 00:09:15.05\00:09:16.89 in different union, 00:09:16.92\00:09:18.92 labor union job places and things like that 00:09:18.95\00:09:21.26 or have their scaffolding 00:09:21.29\00:09:23.39 on a construction job site sabotaged. 00:09:23.43\00:09:25.53 Really soon it will be shorting out the battery 00:09:25.56\00:09:27.46 on your prayer suit. 00:09:27.50\00:09:28.83 Possibly. 00:09:28.86\00:09:30.67 Possibly, but... 00:09:30.70\00:09:32.03 but it is a matter of principle for everybody 00:09:32.07\00:09:34.17 and the principles of the Constitution 00:09:34.20\00:09:35.90 and the Bill of Rights, 00:09:35.94\00:09:37.57 they do stand for something 00:09:37.61\00:09:38.94 and I see the Religious Liberty Ministry 00:09:38.97\00:09:40.51 as a way to breathe life into that for each individual. 00:09:40.54\00:09:43.85 Yeah, absolutely. 00:09:43.88\00:09:45.35 You know, back again to how you got into this. 00:09:45.38\00:09:48.98 But what attracted you to being a lawyer? 00:09:49.02\00:09:51.92 What attracted me to being a lawyer? 00:09:51.95\00:09:54.29 My... 00:09:54.32\00:09:55.66 I've been told this is as corny, 00:09:55.69\00:09:57.03 but it's really true. 00:09:57.06\00:09:59.29 I've always been kind of a larger girthed person. 00:09:59.33\00:10:01.93 And when I was 11 years old, 00:10:01.96\00:10:04.73 we were playing King of the Hill 00:10:04.77\00:10:06.10 at my neighbor, Rob Maddox's house 00:10:06.13\00:10:08.10 and Rob Maddox had this very large... 00:10:08.14\00:10:10.24 His parents had this very large grassy hill, 00:10:10.27\00:10:13.14 and two of my best friends 00:10:13.17\00:10:14.51 made it to the top of the hill first. 00:10:14.54\00:10:16.58 For those of you that don't know, 00:10:16.61\00:10:17.95 King of the Hill can be a violent game, 00:10:17.98\00:10:19.48 you just basically push everybody off 00:10:19.51\00:10:22.32 and the last man standing is King of the Hill. 00:10:22.35\00:10:25.49 Young people play a lot of violent games. 00:10:25.52\00:10:27.72 Yeah, and two of my friends 00:10:27.76\00:10:29.32 made it to the top of the hill at the same time, 00:10:29.36\00:10:30.93 and they started fighting and duking it out. 00:10:30.96\00:10:34.10 And I've always been the larger guy 00:10:34.13\00:10:35.66 and so I stood between them 00:10:35.70\00:10:37.03 and shoved them both down and said, 00:10:37.07\00:10:38.67 "There's a better way to solve this. 00:10:38.70\00:10:41.04 We should talk it out or flip a coin." 00:10:41.07\00:10:42.40 Mmm. 00:10:42.44\00:10:43.77 And we ended up flipping a coin. 00:10:43.81\00:10:45.14 I think Rich ended up winning the coin toss, 00:10:45.17\00:10:46.81 but I've always been fascinated with the law as a tool. 00:10:46.84\00:10:51.05 So how old were you... 00:10:51.08\00:10:52.58 I was 11 years old. 00:10:52.61\00:10:53.95 Eleven years. Eleven years old. 00:10:53.98\00:10:55.65 And then seeing how the law has interacted 00:10:55.68\00:10:57.85 with so many different people's lives, 00:10:57.89\00:11:00.22 for both better and for the worse. 00:11:00.26\00:11:03.73 I thought it would be a good skill set to use. 00:11:03.76\00:11:07.13 I've always been a really good chess player 00:11:07.16\00:11:09.33 and analytical, methodical thinking ahead. 00:11:09.36\00:11:13.23 Yeah. 00:11:13.27\00:11:14.60 Well, so it was the law in general. 00:11:14.64\00:11:17.04 So you, but and I guess you're thinking about justice. 00:11:17.07\00:11:21.48 Always thinking about justice, in Deuteronomy, justice, 00:11:21.51\00:11:24.88 justice shalt thou pursue. 00:11:24.91\00:11:26.25 Yeah, that's true. 00:11:26.28\00:11:27.62 And as a lawyer, that's what we strive for. 00:11:27.65\00:11:29.85 And sometimes you're left scratching your head, but... 00:11:29.88\00:11:34.32 Yeah, very interesting. 00:11:34.36\00:11:37.66 And I thought, and maybe it's true that you, 00:11:37.69\00:11:39.79 you had a parallel interest 00:11:39.83\00:11:41.46 in constitutional things and history and so. 00:11:41.50\00:11:45.87 I'm very much interested in constitutional law, 00:11:45.90\00:11:48.47 very much interested in history. 00:11:48.50\00:11:50.17 I majored in history as an undergraduate 00:11:50.21\00:11:52.71 at the University of Washington, 00:11:52.74\00:11:54.94 focusing on history, 00:11:54.98\00:11:56.51 both of the northwestern part of the United States 00:11:56.54\00:11:59.08 and also of history of Jews, 00:11:59.11\00:12:01.85 specifically history of Jews during World War II, 00:12:01.88\00:12:04.25 which is a very... 00:12:04.29\00:12:06.05 Have you read that book, "The Wandering Jew?" 00:12:06.09\00:12:08.22 I've not read the book, "The Wandering Jew." 00:12:08.26\00:12:09.79 I forget the author, but that, you know, 00:12:09.82\00:12:12.53 it's like war and peace. 00:12:12.56\00:12:14.10 Yeah. But it's an amazing book. 00:12:14.13\00:12:16.03 Yeah. Amazing book. 00:12:16.06\00:12:17.40 Yeah. 00:12:17.43\00:12:18.77 Because, you know, maybe some people think... 00:12:18.80\00:12:21.54 I don't think most people think much 00:12:21.57\00:12:22.90 about history anyhow, but, you know, 00:12:22.94\00:12:24.27 they're still vaguely aware of the holocaust 00:12:24.31\00:12:25.94 and the attitudes there, 00:12:25.97\00:12:27.48 and then some Christians 00:12:27.51\00:12:28.84 perhaps think of the Old Testament, 00:12:28.88\00:12:30.98 but to me the overall story that's continuous 00:12:31.01\00:12:35.85 through the ages of the Jewish people, 00:12:35.88\00:12:37.65 an amazing story. 00:12:37.69\00:12:40.12 It's strange, in fact a stranger than fiction. 00:12:40.16\00:12:42.19 Yeah. 00:12:42.22\00:12:43.56 A friend of mine asked me the other day, 00:12:43.59\00:12:44.93 "How come Jews are so persecuted?" 00:12:44.96\00:12:47.70 And you know, I said, 00:12:47.73\00:12:49.76 "You know, the basic human nature 00:12:49.80\00:12:51.43 many times is jealousy, 00:12:51.47\00:12:53.84 many times at the root of it jealous of power, 00:12:53.87\00:12:57.87 jealous of other things." 00:12:57.91\00:12:59.24 And part of me, 00:12:59.27\00:13:02.58 when the laws use systematically 00:13:02.61\00:13:05.55 to deny a person their right to even exist, 00:13:05.58\00:13:08.48 there's a problem there. 00:13:08.52\00:13:10.09 It was a statement and I think you're right 00:13:10.12\00:13:12.75 and no one think could counter that. 00:13:12.79\00:13:15.59 But I remember reading a statement 00:13:15.62\00:13:17.19 I think it was early on in the Roman Empire. 00:13:17.23\00:13:20.73 They said that, 00:13:20.76\00:13:22.10 "No people were more dismissive of the gods than the Jews." 00:13:22.13\00:13:25.53 Mmm. 00:13:25.57\00:13:27.04 And that could create troubles. 00:13:27.07\00:13:28.40 Yes. 00:13:28.44\00:13:29.77 Oh, yeah, there's a reason for that. 00:13:29.80\00:13:31.27 We'll be back after a short break. 00:13:31.31\00:13:32.77 So stay with us and we'll return 00:13:32.81\00:13:35.38 with Charles Steinberg. 00:13:35.41\00:13:37.71 We can delve into his past 00:13:37.75\00:13:39.38 and find out more about religious liberty. 00:13:39.41\00:13:41.28