It may only be January, but in the past few weeks Advocates has already started fighting battles on the front lines. On January 13, I argued a religious freedom and discrimination case in New York federal court on behalf of our clients Jim Domen and Church United.
As you may recall, last year Advocates took on a case against Vimeo, a video sharing platform, to fight against the increasing problem of social media sites discriminating against Christian views. In Church United’s case, several of their videos were removed by Vimeo because they contained the testimonies of “former” homosexuals who have left their former suicidal, drug and alcohol addictive, sexually abusive and harmful lifestyles for health, celibacy, traditional marriage, families and a life with Jesus Christ! Vimeo considers sharing their stories of love and redemption, hateful.
The “Hateful’’ Videos
Watch the videos that were banned from Vimeo and considered “hateful.”
After extensive oral arguments, the judge granted Vimeo’s Motion to Dismiss, shutting down our case. (Read the Ruling Here) The court ruled that the Communications Decency Act, enacted by Congress in 1996, effectively allows a social media platform to discriminate for unconscionable reasons. Based on the court’s ruling, a Christian would not be able to sue a social media platform even if there was clear evidence that the reason for canceling that individual’s account profile was because of their faith.
Did congress really intend to immunize social media platforms if they decide to ban persons from their platform based on race, sexual orientation or religion? I don’t believe so. This is a serious problem for the future if neither the courts nor Congress reverse this interpretation of the CDA, because the world wide web is now the public square of yesterday. Advocates attorneys are considering our next steps.
Church Gets New Neighbors
In addition to ongoing court battles, new laws brought new challenges and a new case involving a retail marijuana dispensary, Organic Choice, that is attempting to open just 65 feet away from the Reformed Baptist Church in Jurupa Valley, California.
Over a hundred children attend Sunday school every week and the church hosts vacation Bible school during the summer, as well as youth conferences periodically throughout the year. Children are present regularly at this church and will be congregating just 65 feet away from the marijuana business. To make matters worse, the youth center faces the front of the marijuana store.
Many cities have regulations on marijuana businesses that prohibit them from locating within several hundred feet of daycare centers, youth centers, churches, and parks, but the city of Jurupa Valley does not. However, the California Bureau of Cannabis Control which licenses retail marijuana dispensaries does have regulations that would prohibit Organic Choice from opening so close to the church. We are appealing to the Bureau to try to stop the dispensary, as well as working with the City to place operating restrictions that would protect the church and its children.
We know the Gospel is under fire! So, on February 26, 2020, as part of Advocates for Faith & Freedom’s educational arm, we will be hosting a conference for pastors and ministry leaders with our co-host, Gateway Seminary in Ontario, California.
Our attorneys and I will teach on current issues and laws to equip church leaders with tools to help protect their freedom to preach and spread the Gospel of Jesus Christ.
Our keynote speaker that day will be Eric W. Treene, from the U.S. Department of Justice. Mr. Treene oversees the Civil Rights Division’s religious discrimination and religious liberty efforts, including laws protecting religious rights in education, the prosecution of religious hate crimes, attacks on places of worship and more. We are thrilled to have him, and we anticipate a successful conference.
As we celebrate Martin Luther King, Junior’s birthday this month and plan for this important conference, I am reminded of his fervent appeal over 50 years ago for America’s church leaders to remain steadfast:
““The church must be reminded that it is not the master or the servant of the state, but rather the conscience of the state. It must be the guide and the critic of the state, and never its tool. If the church does not recapture its prophetic zeal, it will become an irrelevant social club without moral or spiritual authority.” ”
In His Service,
Robert H. Tyler
General Counsel
P.S. On behalf of myself and our entire Advocates team, thank you for your important financial support and prayer as we take on a new year, fighting for religious freedom and justice. Our prayer is that God will not only bless Advocates, but that He will abundantly bless you and your family each and every day of 2020!