Leahy v. District of Columbia

646 F. Supp. 1372, 1986 U.S. Dist. LEXIS 18916
CourtDistrict Court, District of Columbia
DecidedOctober 17, 1986
DocketCiv. A. 83-2907
StatusPublished
Cited by2 cases

This text of 646 F. Supp. 1372 (Leahy v. District of Columbia) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leahy v. District of Columbia, 646 F. Supp. 1372, 1986 U.S. Dist. LEXIS 18916 (D.D.C. 1986).

Opinion

*1373 OPINION

JUNE L. GREEN, District Judge.

This matter is before the Court on plaintiffs motion for summary judgment, defendant’s opposition thereto, plaintiff’s reply, and the entire record herein. For the reasons stated below, the Court denies plaintiff’s motion for summary judgment.

I. Findings of Fact

Plaintiff filed this action on September 30, 1983, alleging violations of the First Amendment to the Constitution and 42 U.S.C. § 1983, against the District of Columbia. Plaintiff seeks declaratory and injunctive relief and money damages.

The facts of this case are straightforward and there is no genuine issue of material fact. According to the complaint, the plaintiff applied for a District of Columbia driver’s license on or about April 5, 1983. The District of Columbia Municipal Regulations, 18 D.C.M.R. § 103.2, require, inter alia, that each applicant for a driver’s license provide his or her Social Security number and pass various tests, such as those for eyesight and driving ability. See Complaint, Exhibit A. Plaintiff refused to provide his Social Security number to the licensing examiner because of his religious objection to the undue use of that number. However, he did offer his passport and birth certificate as alternative means of identification. The licensing examination supervisor refused to administer the required tests to plaintiff due to his noncompliance with the regulations and he was denied a driver’s license.

Two days later, on April 7,1983, plaintiff wrote a letter to Marion Barry, Mayor of the District of Columbia, recounting the above occurrences. The letter also contained a request that plaintiff’s application for a driver’s license be processed notwithstanding his failure to provide his Social Security number. Mayor Barry forwarded this letter to Thomas Downs, Director of the District of Columbia Department of Transportation. Mr. Downs responded to plaintiff’s letter on May 6,1983, and denied him permission to withhold his Social Security number in applying for a driver’s license.

Plaintiff “believes that use of his social security number for any purpose not related to the administration of his social security account would endanger his chances of being chosen for life after death.” Plaintiff’s Statement of Material Facts Not in Dispute (“Plaintiff’s Facts”) ¶ 8. Based upon his study of the Bible, plaintiff believes that Social Security numbers may constitute “the mark of the beast” and that those who bear it will be denied life after death. He refuses “to provide his social security number for any purposes other than the withholding of social security tax” and “does not use it on income tax returns, on applications for credit, or in banking.” Plaintiff’s Facts ¶ 12.

Plaintiff has now moved for summary judgment. He argues that the District of Columbia’s denial of a driver’s license based on his failure to supply his Social Security number constitutes a violation of his first amendment right to the free exercise of his religion. Additionally, plaintiff contends that the requirement is not the least restrictive alternative to promote a compelling governmental interest because the Department of Transportation already has an alternative system of identification numbers that it could have used with respect to Mr. Leahy. He claims that because he could not legally operate a motor vehicle, he suffered great loss and hardship in his business and personal life.

Plaintiff seeks a declaratory judgment that the requirement of 18 D.C.M.R. § 103.2 that a driver’s license applicant provide his Social Security number is unconstitutional as applied to him. Furthermore, plaintiff seeks a permanent injunction against the District of Columbia preventing it from requiring him to provide his Social Security number as a condition for applying for a driver’s license. He also seeks compensatory damages in the amount of $25,000, an award of court costs, including reasonable attorney’s fees, and further relief as may seem just.

*1374 Defendant opposes plaintiff’s motion. It argues that plaintiff’s asserted religious objection to disclosing his Social Security number is not sincere but “is merely a secular belief of long standing, enhanced by secular, tax-related motives.” Memorandum of Points and Authorities in Opposition to Plaintiff’s Motion for Summary Judgment (“Defendant’s Opposition Memo”) at 11. Moreover, defendant contends that the District of Columbia government has a compelling interest in requiring disclosure of Social Security numbers on applications for drivers’ licenses. The compelling interest is “the public safety objective of assuring that those who apply for a driver’s license are competent, safe drivers, that they are eligible for a driver’s license, and that they are, in fact, who they purport to be.” Id. at 17. Given its unique nature, defendant asserts that the Social Security number is “the only means of achieving that objective with the degree of certainty necessary in today’s highly mobile society.” Id.

Defendant also takes exception to plaintiff’s assertion that a viable alternative identification number system is available to religious objectors like himself. It states that “[t]he exception made for diplomats to the social security number disclosure requirement is not relevant to this case. Diplomats are a small, discrete group, whose identity has been certified to the defendant by their governments and by the United States Department of State.” Defendant’s Opposition Memo at 18. To allow plaintiff “[t]o extend the exception beyond this discrete body would subvert the entire purpose of license permit control.” Id.

Finally, defendant contends that plaintiff’s allegations of damages are not supported by the facts of the case. The specifics of plaintiff’s unusual damages claim will not be discussed given the Court’s decision on the motion.

II. Conclusions of Law

To merit protection under the free exercise clause of the first amendment, a religious claim must satisfy two basic criteria. First, the claimant’s proffered belief must be sincerely held. Callahan v. Woods, 658 F.2d 679, 683 (9th Cir.1981) (citing Theriault v. Carlson, 495 F.2d 390, 395 (5th Cir.), cert. denied, 419 U.S. 1003, 95 S.Ct. 323, 42 L.Ed.2d 279 (1974)). Second, the claim must be rooted in religious belief not in “purely secular” philosophical concerns. Wisconsin v. Yoder, 406 U.S. 205, 215-16, 92 S.Ct. 1526, 1533-34, 32 L.Ed.2d 15 (1972). A court may not inquire into the truth, validity, or reasonableness of a claimant’s religious beliefs. See United States v. Ballard, 322 U.S. 78, 87, 64 S.Ct. 882, 886-87, 88 L.Ed. 1148 (1944).

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Related

Thacker v. Dixon
784 F. Supp. 286 (E.D. North Carolina, 1991)
John C. Leahy, Jr. v. District of Columbia
833 F.2d 1046 (D.C. Circuit, 1987)

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Bluebook (online)
646 F. Supp. 1372, 1986 U.S. Dist. LEXIS 18916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leahy-v-district-of-columbia-dcd-1986.