UPDATE (11/7) - IBT files Stay with US Supreme Court

Tuesday - 7 Nov 2000

United States v Indianapolis Baptist Temple: IRS Update

Judge J. Flaum-Chief Justice of the Seventh Circuit Court of Appeals denied a Motion for a Stay by the Indianapolis Baptist Temple (IBT) on November 3, stating that the mandate had been returned to the District Court in Indianapolis on September 1 and that they were not interested in reopening the case. They suggested that the church could appeal to the Supreme Court.

IBT filed the motion for a Stay of District Judge Sarah Evans Barkers Order of September 28 which calls for the seizure of the church property at 2711 South East Street at noon November 14, using whatever force is necessary, with the Supreme Court of the United States on Monday, November 6. Justice John Paul Stevens will be responsible to make the decision as to whether the church and school ministry will continue at their present location while the Court determines whether they will grant Certiorari.

The APPLICATION FOR EMERGENCY ORDER TO STAY JUDGMENT prepared by Attorney Albert F. Cunningham of the Biblical Law Center of Redding, California emphasized three main points:

1. There is a strong showing that IBT is likely to succeed on appeal, in that the courts are demanding that the church obey government rather than God.

2. IBT will suffer irreparable injury absent the grant of relief including depriving more than 1,000 congregants their chosen place to worship God. It would also deprive several hundred children (grades K-12) of a Christian education at Indianapolis Baptist School. Many have never known another school. If the church should prevail on appeal, there would be no way for IBT to ever recover the loss; and

3. The issuance of the grant of relief will not substantially injure the US government. The church property will still be here after the appeals process is over.

Considering the fact that the District Court in the Microsoft case granted a Stay pending appeal, it would be unreasonable for the Federal Courts to destroy a church and school ministry without also giving opportunity for due process.

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