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US: Use of Social Security Numbers on Licenses Illegal


PRESS RELEASE- FOR IMMEDIATE RELEASE 02-15-01

FEDERAL COURT HEARING SCHEDULED FOR WOMAN REPRESENTING HERSELF AGAINST NEWPORT NEWS SHIPBUILDING, Case CA

4:00cv55

A HEARING IS SCHEDULED IN US District Court (Norfolk, Virginia) in the Civil Rights Suit against Newport News Shipbuilding by Shelly Lynn Baltgalvis, representing herself. Hearing is set for February 22, 2001 at 11:00am in the Norfolk US District Court.

In July 1999, Ms. Baltgalvis, a Senior Analyst Technician, was fired, by Newport News Shipbuilding (NNS), largest employer in the area, for "objecting to the use of the Social Security Number due to religious convictions". Ms Baltgalvis brought suit under the Civil Rights Act for religious discrimination. She wrote "I object to the use of the Social Security Number due to My religious convictions" on her paperwork. Further, Baltgalvis states that she has an unalienable right, recognized by the First Amendment to the Constitution of the united States of America, to avoid being numbered. Whether this is a religious issue or not, NNS violated federal law.

Federal law requires that there be no discrimination against any employee or applicant for employment because of the individual’s race, color, sex, religion, or national origin, with respect to hiring, promotion, firing, compensation, or other terms, conditions, and/or privileges or employment.

Employers may not take any action against employees because they have exercised their rights under Title VII of the Civil Rights Act of 1964, as amended.

Section 7 of Public Law 93-579 provides that:

(a)(1) it shall be unlawful for any Federal, State or local government agency to deny any individual any right, benefit, or privilege provided by law because of such individual’s refusal to disclose Social Security account number.

NNS, represented by Assistant Counsel Dean C. Berry, has made efforts to have the case dismissed "because the proposed accommodation of Plaintiff’s religious objection to the use of her SSN would pose an undue hardship on the Company, by forcing it into non-compliance with federal law, Plaintiff cannot sustain her religious discrimination claim". Berry claims, "the requirement to maintain and report SSNs is one imposed by federal law, not an employment requirement devised by the Company".

There is no law requiring you to obtain or use the Social Security Number. The Social Security System is a voluntary System. The Social Security Act does not require a person to have a SSN to live and work in the United States of America, nor does it require an SSN simply for the purpose of having one. If there was a law for the SSN, why does a major food chain, Taco Bell, have "optional" printed by the SSN on their applications?

The IRS only requires the employer/payor to requests the SSN. If the employee/payee refuses to give or doesn’t have an SSN, the employer sends an affidavit to the IRS stating that they requested the SSN and the employee refused. The penalties will not be assessed against the employer.

Ms Baltgalvis was quoted recently, "I know that filing a federal Civil Rights suit against a major corporation is an uphill battle, but My Civil and Constitutional Rights were violated. Federal law was violated. Federal Law states that employers cannot fire or refuse to hire you if you refuse to use or obtain an SSN, especially when you exercise your rights under Title VII of the Civil Rights Act of 1964, as amended. Using another 9-digit number, a number not associated with the Social Security System, does not cause hardship on companies. What does a number have to do with my qualifications to perform the duties for my position? I had the affidavit already typed up for NNS, which was their responsibility, ready for them to fill it out and send it to the IRS for $0.33. $0.33 is an undue financial hardship for NNS?"

Contact persons include:

Shelly Lynn Baltgalvis: (757) 882-0174; email: fired4nossn@hotmail.com

Dr. Robert B. Clarkson, Support Committee for Shelly (Constitutional attorney, an expert on Tax Procedural law):  (864) 225-3061; clarksonrobt@yahoo.com


The defense against child support enforcement identification??? Sounds like it can work with support enforcement as well. Bruce Eden, Divorce Reform Coalition of NJ & NY

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From: "jail4judges"
To: "www.jail4judges.org"
Cc:
Subject: * Victory Over Social Security Number Despite Court
Date: Sun, 18 Feb 2001 22:25:56 -0800
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J.A.I.L. News Journal
Los Angeles - February 18, 2001
____________________________________________________
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Victory Over Social Security Number Despite Court

Rep. Lambert (WA.) is asking for people to testify on this SSN issue. [Washington residents] Please - please - please - if this is important to you (and I certainly hope it is) - contact Mat in Rep. Lamberts office - (360) 786-7878. .... Jackie Juntti WGEN <mailto:idzrus@earthlink.net>idzrus@earthlink.net

From: "Representative Kathy Lambert, <mailto:lambert_ka@leg.wa.gov>lambert_ka@leg.wa.gov
Subject: RE: {WA} LEG/NID: HB 1899 -SSN's on Professional licenses.

".... There are several other Bills too. There is one in higher education that says colleges cannot use it [SSN] as an identifier. Then I have one that says banks cannot use it [SSN] as an identifier. They can use it for tax reasons, but they cannot use it as the Pin number or security code when you call in or use their automated systems. I could use some people to testify for the Bill. So if you know anyone that would be willing to do so, please have them call my office and talk to Mat at (360) 786-7878.

As soon as we know the date and time, we will contact them. We will also have a joint memorial to Congress praising Michigan for suing to not have to use the SSN numbers.

Thanks,
Rep. Kathy Lambert


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2/ 7/01 7:10 p.m.
WASHINGTON STATE LEGISLATURE
History of HB 1899


HB 1899 Prohibiting the use of social security numbers and drivers' license numbers in professional licenses.

Sponsors: Representatives Bush; McIntire; Cairnes; Keiser; DeBolt; Hatfield; Benson; Santos; Roach; Miloscia; Barlean; Lovick; Casada; O'Brien; Morell; Simpson; Mielke; Jackley; Pearson; Romero


HOUSE BILL 1899
_______________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Representatives Bush, McIntire, Cairnes, Keiser, DeBolt, Hatfield, Benson, Santos, Roach, Miloscia, Barlean, Lovick, Casada, O'Brien, Morell, Simpson, Mielke, Jackley, Pearson and Romero

Read first time. Referred to Committee.
AN ACT Relating to the use of identifying information in professional licenses; and adding a new section to chapter 43.24 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

{+ NEW SECTION. +} Sec. 1. A new section is added to chapter 43.24 RCW to read as follows:

Social security numbers and drivers' license numbers may not be used as part of a professional license. Professional licenses containing such information that are in existence on the effective date of this section shall comply with this section by July 1, 2002, or the next renewal date, whichever is sooner.

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This past Friday, February 16, 2001, I was scheduled to appear at the Department of Motor Vehicles here in California for a renewal of my temporary "drivers license." It is a piece of paper issued me in lieu of a driver's license, because I do not have a Social Security Number. I have been getting these temporaries for the last seven years, in which I have been returning to the DMV approximently every two months for renewal, and have to take a test every year and pay a fee. Citizens who have taken the number pay the same fee amount only once in four years and take the test then. That's the penalty for opposing the number.

The lady ran up my record, and as usual, asked the common question, "Have I gotten your Social Security Number yet." I told her that I was a Christian and an ordained minister, and held very strong Biblical objections to being forced into receiving the number to do things which are in obedience to God. She then identified herself as a Christian and said we have to obey the laws of the land, and that the laws require us to have a Social Security Number. I then related to her the case of Judge Michael G. Knott who stated to the effect that anyone without a Social Security Number must obtain and use such number even if it was contrary to their faith in Jesus Christ. (The case is Nowlin vs. D.M.V. 53 Cal.App.4th 1529 Apr. 2, 1997) I then challenged her on the question that if one must, under edict of government, surrender allegiance to Jesus Christ, give up their faith and receive the number just because government says so even if it violates their Biblical faith in Christ, how could that be considered an act of obedience to God?

She told me that there have been changes in the computer system, and that she could no longer issue me a temporary, and that's the law, and if I wanted to challenge that, I would very likely lose. But she did say, if you go to the Social Security Administration and tell them my story, they will give me an exemption form that she could enter into the DMV computer that will do an end run around the required Social Security Number.

With that, I left the DMV and went to lunch, pondering my options. Could I find a remedy by visiting another state? or would I have to bring a suit against the DMV and though I lose, as long as I am litigating the question for years to the U.S. Supreme Court, another court could not get involved, or enforce the license against me. Well, I took her up on visiting the Social Security Administration that same afternoon, and what a surprise I received.

When I arrived at window #1 I explained that the DMV was refusing to give me a driver's license without a Social Security Number. She asked me for I.D., and I gave her my temporary. She left the window and returned with a form SSA-L676 which said, "Dear Ronald Branson, We cannot give you a Social Security card because: .... Your have requested a Social Security number in order to obtain a California Driver's license. The State of California no longer requires a Social Security number in order to obtain a regular driver's license."
The form was stamped by the SSA with the name of the District Manager thereon. I was told to take it back to the DMV and give it to them, and they will issue me a driver's license without a Social Security Number.

I returned to the DMV and the same lady took the form and performed the end run around the DMV computer and said that I will be receiving the license in the mail. I left the DMV singing praises to the Lord for His mighty works. -Ron Branson

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See also:

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Posted 2001 01 27
Updates:
2003 05 02 (added reference to Family Law — Table of Contents
2006 03 04 (added link to Feminism for Male College Students)