After arguing for three hours in the Superior Court in Riverside County on April 6, 2017, the California State Attorney General’s motion to dismiss our case was just denied this last week!
According to the judge, this law “forces the clinic to point the way to the abortion clinic.”
In her ruling, Judge Gloria Trask wrote that “the required notification is compelled speech which on its face violates freedom of speech protected by Article 1, Section 2 of the California Constitution.”
With funding raised by Advocates for Faith & Freedom, Tyler & Bursch’s lawyers strategically filed the lawsuit in state court because the California State Constitution is supposed to provide greater free speech protection than the First Amendment.
Ms. Nada Higuera, our staff attorney who argued the case, said that “Judge Trask explains that because free speech is involved under the State Constitution, the Court must strictly scrutinize whether the legislation is lawful. After scrutinizing the law, the judge agreed with our analysis that the law is an unconstitutional violation of free speech.”
Freedom of expression on public issues should be protected at the highest level. Therefore, this law should be analyzed using strict scrutiny. The ruling warned that the state’s “ability to impress free citizens into State service in this political dispute cannot be absolute; it must be limited.”
In her ruling, the judge explained that this state-compelled speech “is not merely the transmittal of neutral information.” She agreed with our attorneys that this is not just calorie counting or a health hazard warning on smoking tobacco or drinking alcohol. This issue - which is “contentious and raises issues that are religious, cultural, political and legal” - is about the more than four decades-long dispute over abortion.
The Reproductive FACT Act compels the clinic to “speak words with which it profoundly disagrees” and “places too heavy a burden upon the liberty of free thought.”
Given the language in the ruling, Tyler & Bursch’s General Counsel Robert Tyler is confident that “while this ruling is not the final judgment, this interim ruling foreshadows what will be the judge’s final decision. She makes her opinion known that the law is unconstitutional.”
Our next hearing is set for July 21, 2017, where the court will give direction on how our case should proceed - whether the case will actually have a trial or whether it should be simply decided by briefing.
Concurrently, we also represent Livingwell Medical Clinic in federal court. This statute was previously upheld in that case as not violating the First Amendment to the U.S. Constitution before a three-judge panel in the Ninth Circuit. That case is pending a determination from the U.S. Supreme Court as to whether the High Court will take up our case. Our two-front strategy gives us the ability to win in either federal or state court.
Although it appears that victory is at hand in state court, we would not be able to do any of this without the generous financial support from friends like you. Won’t you please consider donating just $25, $100, $200 or more so we can continue fighting for religious liberties in the courts?
While Advocates for Faith & Freedom depends on our supporters for the funds to fight these important cases, we first and foremost thank you for your continued prayers.
Thank you for your faithful prayers and your donations!
Christian businesses, students, pastors and citizens owe these rock-stars a big “thank you” for their courage to stand up for our uniquely American right to freedom of speech, even if another person – or the government – says they disagree.
However, the modern progressive movement in our government has produced legislation that creates confusion between “free exercise of religion” and “freedom of worship.” Adoption agencies, bakers, florists, and schools that maintain what Americans have always believed about human sexuality, marriage and gender, now find themselves in danger of being in conflict with the law.
3. As you know, last month, Advocates for Faith & Freedom had the privilege of supporting and joining 
it will remain as a place of worship. I believe we only have one God… some see it as the Prophet Mohammed and others as Jesus.”
How many times do we have to acknowledge, as President Trump did, that the “merciless
especially so in times of public distress and danger. The General hopes and trusts, that every officer and man will endeavour to live and act as becomes a Christian soldier, defending the dearest rights and liberties of his country.”
We have many hopes for our country as our new president and his administration settle into office. As we continue to pray, we will keep a watchful eye on their progress.
rich man’s tomb.
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!