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He glanced at the attorneys for the city of Benson and several City Council members seated behind them.
"Because what the Benson City Council did in this matter is inexcusable and deserves some type of
punishment. That way word will get out: We're serious about freedom in America. Dead serious." He
gripped the jury box and looked at them with a heart full of compassion. "You can't write laws that fly in
the face of the Constitution and expect that act of defiance to go unpunished." There was a beat. "Each of
you is here today to carry on where Thomas Jefferson and his peers first began. Protecting freedom for
this generation and every generation after it." Matt nodded. "Thank you."
The lead attorney for the City of Benson was an older, distinguished man whose tone was irritating and
who focused on the appearance of things. Leasing City Hall to a Christian church would give the
appearance of state-sponsored religion; allowing
293 First Church of the Valley to preach Jesus Christ as the only way to salvation would give an
appearance of narrow-mindedness, a lack of political tolerance. The entire matter gave the public the
appearance that the Benson City Council had crossed the line
between church and state. The attorney barely brushed over the fact that Pastor Carson had signed the
lease agreement, binding him to whatever stipulations it contained. If a clause in the contract violated the
U.S. Constitution-as Matt was suggesting-the fact that the pastor signed it would be of no significance.
Matt took notes and knew exactly how he'd play out the
examination phase. His witnesses were simple, trusting people.
People like Pastor Carson, who had never intended to rile up a
case that was drawing sparks of national attention; and the church
secretary, who kept the books and related in chilling detail the fact
that the Benson City Council had no intention of refunding the
church's lease money or restoring its lease unless, "You people stop
talking about Jesus Christ."
Throughout his examination, Matt inserted questions involving
the appearance of things. "So did the Benson City Council give
you the appearance of not returning your lease money?"
"No. They actually didn't return it. They kept it even though
we'd done everything right. Everything except preach the doctrine
they wanted us to preach."
And to Pastor Carson, "Once the clause about doctrine was
pointed out to you, did you feel it gave the appearance of discriminating
against your group because of your religious views?"
Two people in the jury box stifled a giggle, and Matt knew they understood the point he was trying to
make. Pastor Casey twisted his forehead into a grid of lines. "The appearance? I'd say it was more like
the left foot of fellowship. We were kicked out of that building because of what we believed.
Appearances had nothing to do with it."
292
Halfway through the first day, Matt had no doubts whatsoever
that he would win the case. The jurors were bored and often hostile to the cross-examinations of the
Benson attorneys. Every question they asked just looked like another attack on what the people at First
Church of the Valley believed, and though the jurors may not have believed the same way, they had clearly
caught Tanner's vision about standing up for freedom of choice. Whether that choice involved believing in
Jesus Christ or not.
Attorneys for the Benson City Council brought very few witnesses, none of whom were effective. Matt
tried to keep a straight face while the examination took place, and rarely bothered to add anything on the
cross-examination. There was no point. With each passing hour the jurors were looking at their watches,