At Tuesday’s U.S. Supreme Court hearing about free speech, life, and religious liberty, the question was whether a law passed in California could force pro-life clinics and crisis pregnancy centers to advertise for the state’s free abortion program… in up to 13 languages, no less!

Although a lawsuit to stop the statute was struck down by the Ninth Circuit, you may recall back in October 2017, Tyler & Bursch’s pro bono attorneys, with funding from Advocates for Faith & Freedom, prevailed against this law on Free Speech grounds in Riverside County Superior Court in Scharpen Foundation v. Kamala Harris.

Still, California’s Attorney General persisted on defending this discriminatory law all the way to the U.S. Supreme Court where non-profit legal defense law firms from across the country took the lead.  Advocates for Faith & Freedom’s research and amicus brief played a significant role in its opposition and was mentioned by three Justices at Tuesday’s hearing.

According to the Daily Signal, Justice Anthony Kennedy asked whether an unlicensed center ran a billboard that read “Choose Life,” would it have to include the disclosure in the same font and in multiple languages? Wouldn’t that be an undue burden?”

A Courthouse News Service article quoted both Justice Alito and Justice Gorsuch.  “If you have a law that’s neutral on its face, but… when you apply all the exemptions, what you’re left with is a very strange pattern, and, gee, it turns out that just about the only clinics that are covered by this [law] are pro-life clinics,” Alito said. “Do you think it’s possible to infer intentional discrimination in that situation?”

While Justice Neil Gorsuch commented that the California law required pregnancy centers to “do the state’s job” at a significant cost to what Advocates for Faith & Freedom’sresearch set out to prove, are mostly nonprofit, pro-life facilities. “Well, but if you’re trying to educate a class of persons about their rights, it’s pretty unusual to force a private speaker to do that for you under the First Amendment,” Gorsuch said.

Commenting right after leaving the Supreme Court hearing with our client, Scott Scharpen, Tyler & Bursch attorney, Robert Tyler was optimistic, saying, “Based on the arguments, it certainly appears that victory is awaiting!”

Unlike Planned Parenthood, non-profit crisis pregnancy centers exist to support women who face difficult or unplanned pregnancies and receive no money or support from the government.  It was apparent the Justices recognized the state’s majority pro-abortion lawmakers targeted these groups.

It was only through your prayers and financial support that Advocates was able to contribute the research and provide the pro bono legal services that we feel certain made a big difference in this case!