Concord, NH — Cornerstone Policy Research announced today that the Strafford County Superior Court has dismissed State v. Isaac Santiago, a criminal case in which the State attempted to prosecute a man for criminal threatening based solely on the religious statement:
“Be saved today or you will perish in your sins!”
This ruling marks a significant affirmation of First Amendment protections for religious expression and a decisive rejection of attempts to criminalize theological warnings as unlawful threats.
Isaac’s legal team consisted of Cornerstone’s Ian Huyett, Associate Director and Head of Litigation, and attorney Rick Lehmann, who jointly represented Mr. Santiago and shared responsibility for the case.
Case Background
In June 2024, Mr. Santiago placed a 2’ x 3’ sign on the door of First Parish Church in Dover. The sign contained the following words:
“Jesus is coming soon! The devil deceived you! God will never accept LGBTQ. Be saved today or you will perish in your sins! Repent and believe!”
Although the sign contained this message, the criminal threatening charge rested exclusively on the statement:
“Be saved today or you will perish in your sins!”
Mr. Santiago, who holds traditional Christian views on marriage and sexuality, placed the sign because First Parish Church is a theologically liberal congregation that displayed rainbow flags outside the church.
Importantly, Santiago was not charged with trespassing, vandalism, or any property-related offense. The prosecution was based entirely on his words, not on the act of taping a sign to a door.
The Court’s Ruling
In a detailed written opinion, Judge Andrew Livernois held that the State’s prosecution violated both the U.S. Constitution and the New Hampshire Constitution. The Court found:
• Santiago’s statement did not constitute a “true threat” under First Amendment doctrine.
• His words were not a threat to harm anyone, but a theological warning about the judgment of God.
• Even accepting all of the State’s allegations as true, nothing in Santiago’s conduct communicated a serious expression of intent to commit unlawful violence.
• Because the case failed under free speech protections, the Court did not reach the separate question of religious-exercise rights.
Judge Livernois wrote:
“…the language that defendant used to express his religious beliefs was clearly offensive, upsetting, impolite, and hurtful. But in the context of a society that is committed to religious pluralism and robust public debate, it cannot be deemed criminal.”
Santiago’s phrasing echoes John 8:24 (“…ye shall die in your sins”) and has also been used by renowned Baptist minister Charles Spurgeon, who paraphrased the verse in similar terms. This context underscores the religious—and not violent—nature of the statement.
Statement from Cornerstone
“We are grateful for this strong affirmation of constitutional protections at a time when religious expression is increasingly under scrutiny,” said Shannon McGinley, Executive Director of Cornerstone. She continues, “This case also illustrates a serious risk: because Santiago was charged solely for the content of his religious speech—and not for placing a sign on church property—allowing this prosecution to proceed would have left other Christians in New Hampshire vulnerable to criminal charges simply for warning others about hell and the judgment of God, even without any accompanying conduct. The Court made clear that the State cannot stretch criminal statutes to punish disfavored viewpoints. We commend the attorneys, Ian Huyett and Rick Lehmann, for their excellent and valuable work in defending this case.”
McGinley continues, “We are also grateful to Pastor Andrew Manuse of First Fruits Ministries, whose fundraising efforts helped support Mr. Santiago’s defense.”
“I praise our LORD Jesus Christ for supporting the good work of our brother Isaac Santiago and Cornerstone, who have upheld our religious liberty to openly preach and teach the Truth of God’s Word to those who need to hear it,” said Andrew Manuse, lead pastor of First Fruits Ministries in Manchester, N.H.
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