Fighting for Pro-life in Superior Court Today

We would like to thank you for your prayers this morning! Today we were in court for 3 hours arguing against the new California state law that requires Christian-based crisis pregnancy counseling centers to provide a notice to the young women they serve—advising the women that free and low cost abortions are available. And the notice must include a phone number to a county agency that will refer the women for an abortion. We represent the Scharpen Foundation which runs one of the pro-life counseling clinics in Riverside County.

We had a very positive hearing in the Superior Court for the County of Riverside, California. The California Attorney General filed a motion asking the court to dismiss our case. We argued that we have developed sufficient facts to prove that the new law, known as the Reproductive Fact Act, intentionally discriminates against pro-life pregnancy counseling centers.

After dozens and dozens of hours of research, we have been able to uncover evidence that the new law targets these pro-life ministries. The Reproductive Fact Act essentially exempts all for-profit licensed clinics that provide medical care. The law also exempts all other licensed clinics that provide comprehensive women’s medical care—i.e. abortions. What’s left are approximately 92 licensed non-profit clinics. Approximately 82 of these are pro-life and the other 10 clinics do not provide abortions. This evidence is revealing. After exempting thousands of clinics, the law only applies to 92 clinics, including all of the 82 pro-life clinics in California. This took a lot of work, but our attorneys figured it out. Attorneys Nada Higuera and Christine Torres did a great job uncovering this evidence!

Please pray for our judge in Riverside County Superior Court. If she denies the request by the Attorney General, then we will have the opportunity to present this evidence in a full trial on the merits to prove discrimination statewide based on a clinic’s pro-life position. The judge will soon be issuing a written decision.

Meanwhile, we are also waiting on the U.S. Supreme Court to decide whether the High Court will accept our federal case for review. We have two different legal strategies ongoing.

Please continue to pray. We are in the thick of this battle—among others! If you have the ability to donate today, we could really use your financial support as well. Thank you!

Pro-Abortion License Plates on the Horizon

California may soon have thousands of rolling “billboards” supporting abortion, thanks to proposed legislation that would authorize automobile license plates promoting a woman’s right to choose. Senate Bill 309, authored by Santa Barbara Democrat Hanna-Beth Jackson, would also serve as a fundraising vehicle for abortion providers such as Planned Parenthood. The bill is sponsored by NARAL Pro-Choice California, which is also pushing several other pro-abortion bills this year. In proposing the measure, Jackson took a swipe at President Donald Trump and the Republican majority in Congress, saying their attempts to cut federal funding for to reproductive health care services is what propelled her effort.

“We will not stand idly by and let this happen,” Jackson said, adding, “This license plate represents one way that we can demonstrate that we will stay true to our values and the right of every woman to safe, affordable and quality reproductive health care.

The initial cost for the “California Trusts Women” plates would be $50, but at least 7,500 of them would have to be ordered in advance before manufacturing could begin. The annual renewal fee for the plates would be $40. The plate’s design would be determined through a contest among Golden State artists.

According to a Los Angeles Times opinion piece, the phrase “Trust Women” is a nod to late-term abortion doctor George Tiller. The Kansas doctor was killed by an extremist in 2009 and has become a hero for many abortion supporters.

Not surprisingly, California is NOT among the 29 states that offer Choose Life license plates. Additionally, groups in 16 other states are working to get similar pro-life plates approved. In fact, California is one of only five states in which there is no active effort for the pro-life specialty plates.

Planned Parenthood Funding on the Chopping Block

The pendulum finally appears to be swinging. After Obamacare forced all employers in the United States, including Christian-owned businesses and non-profits, to offer and pay for abortions, the new GOP proposal to replace it would strip all federal funding for abortions (there are limited exceptions when it involves saving the life of the mother or in instances of rape or incest). The GOP’s American Health Care Act would also ban federal subsidies for any health care plan that covers abortion. The Republican plan is a serious blow to Planned Parenthood, which accounts for at least one-third of all abortions in America. “As long as Planned Parenthood continues to perform abortions, and especially as long as abortion is their core business, they should not receive the hard-earned money of American taxpayers,” said Dr. Grazie Pozo Christie, a policy adviser for The Catholic Association,  after the new GOP proposal was unveiled on March 7.

Planned Parenthood receives half a billion in taxpayer dollars annually and performs more than 300,000 abortions each year. While officials with Planned Parenthood maintain abortions are already exempt from federal funding and only account for 3 percent of its services, the practice is clearly a cash cow for the organization. Predictably, Planned Parenthood officials are not happy, claiming that such cuts would deprive women of vital health services, such as mammograms. The truth, though, is the organization has never offered the cancer screenings, but instead refers patients to outside sources for such preventive care.

What is not being reported in the mainstream media is that many of those who support defunding Planned Parenthood are also calling on the federal government to redirect those funds to community health organizations that do not perform abortions. That means that federal funding for women’s health would not evaporate, despite what abortion supporters are lamenting. The money would just be shifted to organizations that are not committed to the death industry.

The plan still faces a fight in Congress, where at least two Republican Senators and one GOP Representative have said they would not support any change in Obamacare that includes defunding of women’s health services. Stay tuned!

Prolife Community Loses an Icon

America’s prolife community is mourning the death of Norma McCorvey, the Roe v. Wade plaintiff who later turned the tables to become staunchly prolife. The about-face came in 1995 with her dramatic conversion to Christianity, and later Catholicism. She died Feb. 18 after a long illness. She was 69. Her family said in a statement that she was dedicated to undoing the abortion ruling. “Though she was the Jane Roe of Roe vs. Wade, she worked hard for the day when that decision would be reversed … Mom suffered much during her life, but we are grateful to God that she took His hand, found His peace, and now has that peace in its fullness.”

Norma was just 22 and vulnerable when her quest to abort her child led to the landmark Roe v. Wade case. Throughout the case she 

remained an anonymous figure as her attorneys manipulated McCorvey’s plight in their determined push for abortion. In fact, she learned about the historic decision not through her attorneys, but by reading it in the newspaper. One national magazine labeled McCorvey a “mascot” for the abortion movement. A decade after the ruling, she went public with her identity and often shared the stage with some of the nation’s most famous abortion proponents.

While working at a Dallas clinic, she befriended one of the prolife protesters, an evangelical pastor, and converted to Christianity. In 2005 she unsuccessfully petitioned the U.S. Supreme Court to overturn Roe v. Wade and later that same year testified before Congress, saying that she had been used and abused by the court system.

“She was victimized and exploited by abortion ideologues when she was a young woman but she came to be genuinely sorry that a decision named for her has led to the deaths of more than 58 million children,” Father Frank Pavone, National Director of Priests for Life, said in a statement after McCorvey’s passing.

Norma’s conversion, and its subsequent fruit, symbolizes the enormous impact a single life—one dedicated to and redeemed by Christ—can bring.

In him we have redemption through his blood, the forgiveness of sins, in accordance with the riches of God’s grace. Ephesians 1:7 (NIV)

The Most Attacked Faith Group?

Two new studies on worldwide religious persecution show that Christians continue to be the most attacked faith group around the globe. According to Fox News, a study by The Center for Studies on New Religions has revealed that 90,000 Christians across the globe were killed for their beliefs last year—with nearly one third of the murders attributed to Islamic extremists. In addition to the traditional hot spots of Iraq and Syria, there have been increased incidents in other Gulf states, including Iran, Pakistan and Saudi Arabia. The study also revealed that an estimated 600 million Christians were prevented from practicing their faith last year alone. “These numbers underscore what we already know,” Robert Nicholson of the Philos Project told Fox News. “There are many places on earth

where being a Christian is the most dangerous thing you can be. Those who think of Christianity as a religion of the powerful need to see that in many places it’s a religion of the powerless. And the powerless deserve to be protected.”

Particularly troubling are numbers from Open Door USA, which reveal that attacks are up in North, Central and South America. In Mexico alone, 23 Christians were killed because of their faith, David Curry, president and CEO of Open Doors USA, said to Fox News. “The spread of persecution has gotten worse, now hitting nearly every continent in the world,” he said.

Even as the increased persecution spreads ever closer to America, President Donald Trump is working to secure our southern border by constructing a new wall to control illegal immigration, while also implementing a temporary moratorium on refugees from seven select Middle East countries. The immigration freeze is an effort to limit the number of radicalized Islamic jihadists entering the U.S. while new screening procedures are developed. Trump’s moves have prompted nationwide protests by activists who allege the president is discriminating against Hispanics and Muslims. While news coverage of the protests dominated the media for days, the issue of Christian persecution has been widely unreported.

Remember to pray for our new President Trump, as well as the millions of Christians across this world facing true persecution.

Outstanding Supreme Court Pick

President Donald Trump has made good on a campaign promise to Evangelical Christians when he announced on Jan. 31^st that Judge Neil Gorsuch is his choice to fill the vacant seat on the U.S. Supreme Court. Many conservative court watchers see Judge Neil Gorsuch, who serves on the 10th U.S. Circuit Court of Appeals, as a solid replacement for the late Antonin Scalia, who died nearly a year ago. One of Gorsuch’s highest profile rulings was in favor of Hobby Lobby, which successfully sued the Obama administration over its birth control mandate for health care coverage.

“I thank God that if confirmed, this administration will have delivered on one of its most critical campaign promises—to appoint a judge in the mold of the late Justice Antonin Scalia who will uphold and defend the Constitution of the United States and the original intent of its framers,” Dr. James Dobson, founder of Focus on the Family, said in a statement.

Southern California pastor, Greg Laurie of Harvest Christian Fellowship, also praised the pick.

“Judge Gorsuch will have big shoes to fill in replacing the late and revered Justice Antonin Scalia,” Laurie said. “As Jefferson so eloquently reminded us, the God who gave us life gave us liberty. So, I pray Judge Gorsuch never forgets to value each and every American as our Maker does.”

The Supreme Court announcement was Trump’s third major pro-life action since his inauguration. During his first week in office, Trump reinstated the Mexico City Policy, which bans federal funding for any foreign non-governmental organization that offers referrals for abortions. The Trump administration also signaled its strong support for human life by sending Vice President Mike Pence to speak at the Jan. 27^th March for Life in Washington D.C. Vice President Pence was the highest ranking federal official to ever attend the annual prolife march.

Prayers for Peace and Unity

With his wife, Melania, by his side, Donald J. Trump stood on the steps of the Lincoln Memorial today less than 24 hours before becoming the 45^th President of the United States. He stood there on the precipice of the past and the future, a symbolic reminder of yet another time of deep division in America. Historically a time of reflection and anticipation, the build up to this transition has, at times, seemed sinister as opponents have fanned their displeasure by vowing to disrupt the festivities with protests, some even calling for violence.

Disappointingly, more than 70 members of Congress have vowed to boycott the official ceremony.

To his credit, President Barack Obama on Wednesday declined to fuel the issue by sidestepping a question on the boycott during the final press conference of his presidency.

“With respect to the inauguration, I’m not going to comment on those issues,” President Obama said. “All I know is I’m going to be there, so is Michelle.”

He went on to say that it was his intention to help foster the “peaceful transfer of power,” AOL News reported.

In his own pre-inauguration interview with FOX’s Ainsley Earnhardt, Trump said his first order of business during his inaugural speech will be to thank all of the former Presidents, including his immediate predecessor, President Barack Obama and first lady Michelle Obama, whom he singled out as being “absolutely nice.”

“They have been so gracious,” Trump told her.

It is our prayer that the next administration will be able to follow in the footsteps of our 16^th President, Abraham Lincoln, who deftly guided this nation through an earlier, turbulent time.

Christian Vindicated! Ninth Circuit Finds Arrest Unlawful by CHP Officer

Pasadena, CA. Today, three federal appellate judges in the Ninth Circuit issued a final ruling in favor of a Christian man, Mark Mackey, who was arrested for reading the Bible aloud in front of the California Department of Motor Vehicles in Hemet, CA in 2011. Read the ruling here. The CHP Officer, Darren Meyers, erroneously cited Mr. Mackey for violating a state law that forbids the interference with an open business through obstruction and intimidation. The Ninth Circuit rebuked the officer’s fabricated claims in his police report:

Upon arrival, Meyer encountered Mackey reading his bible aloud in a dirt patch, neither obstructing nor intimidating anyone in line. Meyer avers that Mackey was “yelling at the people waiting in line,” “that there was obvious verbal confrontation between the group of men and the people standing in line,” and that the “confrontation was heated and nearing a physical state.” That version of events is completely belied by video and audio footage which does not reveal any confrontations whatsoever, and merely shows Mackey reading the bible aloud somewhat apart from people standing in line.

View the video of the arrest. This story was widely covered by Fox News and many other news outlets shortly after the arrest: Fox News Video.

Representing Mr. Mackey, Advocates for Faith & Freedom filed a federal lawsuit for unlawful arrest arguing the officer had no basis or probable cause to arrest Mr. Mackey. Mr. Mackey offered to dismiss his suit if the CHP simply admitted the arrest was unlawful and agreed to properly instruct its officers. The CHP rejected that offer and Mr. Mackey was instead criminally prosecuted in California state court in the County of Riverside.

View our previous press release that outlines the facts and charges.

However, Mr. Mackey prevailed in the criminal prosecution and was found not guilty of the charges. Thereafter, Mr. Mackey’s federal case continued ending up in the Ninth Circuit Federal Court of Appeal.

Robert Tyler, who argued in the Ninth Circuit on behalf of Mr. Mackey, stated, “An innocent man exercising his religious liberty and free speech was criminally prosecuted based on erroneous claims put forth by a false and deceitful police report. It appears to me that the arrest and prosecution of my client was politically motivated because they did not agree with my client’s speech. But that is exactly why our founders created the First Amendment – to protect even disagreeable speech. Today’s decision renews my hope in the justice system.”

Mark Mackey stated, “Justice still prevails. I am excited that our country is going in the right direction.”

Co-counsel and volunteer criminal defense attorney Nic Cocis commented, “It is refreshing to know that our system still works. The video evidence clearly contradicted the claims of the officer, but it took our appeal to the Ninth Circuit before justice could be realized. The officer and the CHP should be held accountable for their disregard of constitutional liberties.”

NINTH CIRCUIT COURT OF APPEALS, Case No. 15-55186

Advocates for Faith & Freedom is a nonprofit public interest law firm dedicated to protecting religious liberty in the courts. You can visit our website at www.faith-freedom.com.

Email info@faith-freedom.com to receive press releases. Also, join us on Facebook and Twitter to stay up-to-date on our progress in this case and others.

Update on "Bibles for Belize"

We have been asked to extend our advocacy for faith to the military personnel in the Central American country of Belize. A close friend of mine, John Gotz, serves as a missionary in Belize and as a military chaplain to the Belize Defense Force of approximately 3,000 troops. The country’s leading General has requested that John acquire 5,000 Bibles to deliver to each member of the military! Would you please participate in this outreach by generously donating to Advocates so that we can purchase the Bibles and advocate for our Christian faith internationally? The Bibles will probably cost us approximately $15,000 and we have raised approximately $10,000 so far. I plan to personally deliver the Bibles to the Belize military with John after we raise the remaining money to buy the Bibles. We will have the opportunity to hold Bible studies for many of the troops.

You can designate a specific gift by referencing “Bibles for Belize.” Thank you for your prayer and generosity.  We won’t be able to do this without your generous partnership!

Three of our Cases Pending in the Ninth Circuit

Is reading the Bible aloud in public “illegal?” You may recall that in 2013, we defended two men who were arrested by a CHP officer because they were reading the Bible aloud in a DMV parking lot. The men were arrested for “obstructing or intimidating persons there to transact business” with the DMV. The District Attorney’s Office prosecuted our clients for a misdemeanor. However, we were victorious at trial and  our  clients were  found to be  innocent  of  the charges.

This entire case was based on two police reports written by the arresting CHP officer who fabricated events to justify the arrest. Thankfully, video recordings provide the truth. We offered the CHP the opportunity to avoid a federal lawsuit by admitting the arrest was unlawful and agreeing to properly instruct its officers. We filed a federal lawsuit for unlawful arrest in federal court after the CHP rejected our proposal. The federal district judge ignored the video evidence and ruled for the CHP. We then filed an appeal to the Ninth Circuit Federal Court of Appeal.

We appeared for oral arguments in the Ninth Circuit before a three-judge panel on December 9, 2016. The decision from the Ninth Circuit should come sometime next year. Please pray for God’s divine wisdom and guidance as we proceed in this case.

Is it “illegal” to allow invocations at school board meetings?

The Freedom From Religion Foundation is aggressively pushing its agenda. They sued the Chino Valley Unified School District because it allowed a pastor or religious leader to open each school board meeting with an invocation. After a federal district court judge declared the invocations to be unconstitutional, the School District asked us to appeal their case to the Ninth Circuit and to  take  over their  defense.

The so-called “separation of church and state” does not  exist  in the  Constitution,  but has been used in an  attempt to eliminate all influence of a Christian worldview in our government.  We will defend the school district all the way to the U.S. Supreme Court if needed so that our leaders can properly begin their meetings with reverence for God and recognize their moral responsibility in government.

The outcome of this case will impact the judiciary nationally and will likely be binding on all of the nine states under the Ninth Circuit’s jurisdiction and more than 60,000,000  residents.  Prayers have been offered at the beginning of legislative meetings since the founding of our country. The U.S. Supreme Court has upheld the practice in state legislative meetings and city council meetings. 

Is  it “legal” to force all Christian pregnancy counseling centers to give abortion referrals?

This is precisely the question we were asked by our client, Pastor Scott Scharpen, the president  of Go Mobile for Life—a nonprofit crisis pregnancy counseling center that operates a mobile medical clinic providing free ultrasounds.

The State of California recently enacted a new law that requires pregnancy counseling centers to give their clients a notice that “California has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care, and abortion for eligible women.” The notice must also include the phone number to the county social services office where abortion information can be obtained. The abortion notice must be posted in a conspicuous place within the waiting room or personally delivered to each patient.

Although there are some exemptions to the law, they appear to apply to Planned Parenthood and other abortion providers, but there is no exemption for religiously-based counseling centers.

We partnered with our friends at American Center for Law and Justice and filed a lawsuit on behalf of Go Mobile for Life in California state court where we are presently in active litigation and conducting depositions. We also filed a federal lawsuit on behalf of Livingwell Medical Clinic in northern California. After the initial three-judge panel in the Ninth Circuit denied our request for a preliminary injunction, we filed a petition “en banc” wherein we are requesting all of the judges in the Ninth Circuit to vote on whether an eleven-judge panel should be appointed to rehear the case.

As you can see, we are extremely busy preparing and strategizing on these three cases, as well as many others. We certainly appreciate your prayers and any contributions you can offer to assist us as we take a stand in the courts.