School District Stands Up to Atheists

Earlier this year, we shared the news that Advocates for Faith & Freedom had agreed to represent the Chino Valley Unified School District in a high-stakes federal case involving the constitutionality of allowing an invocation at the start of school board meetings. The district asked us to represent its interests after a lower court judge declared its prayer policy unconstitutional. James Long, a staff attorney for Tyler & Bursch, LLP, is working on the case for us and has spent the entire summer diligently preparing james-long-boxbriefs for the federal appeal. With hundreds of hours already logged in this case, we expect to submit our opening brief to the 9th U.S. Circuit Court of Appeals within 60 days. In addition to the official filing, numerous organizations will be supporting our effort through their own amicus briefs.

As you may recall, the Freedom From Religion Foundation (FFRF) took exception to Chino Valley’s pre-meeting prayer policy and, in November 2014, filed a lawsuit seeking to block it. The anti-religious freedom group took the legal action despite the fact that just five months earlier the U.S. Supreme Court upheld the constitutionality of legislative prayers at city council meetings. In Town of Greece v. Galloway, the court sanctioned the practice as long as the city has a nondiscriminatory process in selecting volunteers who offer the prayers.

The significance—and possible ramifications—of the Chino Valley case has also garnered attention in scholarly circles. In a January 2015 article in The Journal of Law & Politics, author Marie Elizabeth Wicks explores how the Town of Greece ruling should also apply to local school district boards.

“Because school boards are deliberative public bodies and are nearly identical in structure to town boards like that in Town of Greece, school boards also should be allowed to solemnize the start of meetings with a brief prayer,” Wicks wrote in reference to our case.

FFRF is, in essence, trying to inoculate its position from the Supreme Court ruling by arguing that the presence of students at the board meetings shifts the focus of such gatherings from a business meeting to a school setting. But as writer Wicks rightly argued in her Journal of Law & Politics article, the presence of students in the audience does not negate the historical significance of such prayers, a key finding in the High Court case.

“The striking similarities between school boards and the Greece town board support the logical extension of the Town of Greece principles to school boards’ prayer practices,” Wicks wrote. “In both situations, an opening invocation acts to solemnize the occasion and is directed toward the board members.”

Chino Valley’s policy, which was adopted in 2013, does in fact allow all religious organizations an opportunity to participate and works to ensure equality in the process by sending out invitation letters to all religious assemblies in its area.

a judge hand striking a gavel over a table

The implications from the case are great and extend well beyond the Southern California school district. Not only is the issue of school district prayer the first of its kind to reach the 9th Circuit Court, but it is also the first case in the nation to reach the federal appeals level since the pivotal Town of Greece ruling.

While we have completed a great deal of legal research, much work still remains. This is where you can help partner with us to ensure that local school districts maintain the same rights the U.S. Supreme Court has already confirmed on town councils as “deliberative public bodies.” As you can imagine, the costs associated with mounting such a significant legal defense can escalate quite quickly. To that end, Advocates for Faith & Freedom is helping to underwrite the costs with the Tyler & Bursch legal team.

Would you prayerfully consider contributing to this vital cause for religious liberty? We can think of no more fitting way to help guide our educational policymakers than by ensuring they retain their constitutional right to begin their deliberations with the historical act of prayer.

 

Help Us Get Bibles for Belizean Defense Force

It has been a number of weeks since my last correspondence. I apologize for the delay. We spent close to one month in a religious liberty jury trial from mid-May to mid-June. As a result, I simply didn’t have the time to write and get out our regular monthly newsletters. Let me bring you up to speed on a few important things we have been working on.

Bibles for the Belize Military

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 Belizean 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 Belize and Defense Forcemilitary!

When John told me about this opportunity, I couldn’t resist the opportunity to bring this to Advocates for Faith & Freedom. 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.

I plan to personally deliver the Bibles to the Belizean military with John as soon as we can raise the money to buy the Bibles. We will have the opportunity to hold Bible studies for many of the troops. In contrast to the U.S. military chaplaincy policies, the doors are wide-open to the Gospel in Belize.

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!

In the Hands of a Jury Defend the Poor and Fatherless graphic1One of our attorneys, Jordan Bursch, and I spent 3 ½ weeks in a jury trial in downtown Los Angeles that led us to a new realization of the environment in which we live. Our client, who asked to be left anonymous, filed a suit a few years ago through another attorney claiming religious discrimination against his former employer, the Metropolitan Water District. Just a couple weeks before trial, we were asked to take the case over. Unfortunately, we had to fight as though we had “one arm tied behind our back”   due to the   prior   attorney’s agreement to exclude substantial evidence.

Picking a jury was extremely enlightening to the state of our culture. During voir dire, we were able to question and exclude numerous jurors who appeared blatantly biased. One juror claimed that “religion is the root of all evil and Christians are the worst.” Another young professional said she was an atheist and could not be unbiased in a religious discrimination case. A high ranking official at UCLA said he was atheist, grew up in communist China, and didn’t believe that anyone should have the right to bring a claim of religious discrimination, regardless of the First Amendment. A young homosexual man said that he believed that whenever he heard of a Christian claiming discrimination, “it was really the Christian doing the discriminating and doing harm to others.” This comment broke my heart as this young man does not understand true Christianity.

While we initially persuaded five of the jurors needed to prevail, the jury ruled that we were not able to show enough evidence of discriminatory intent. Even though we established clear evidence that our client’s immediate supervisor stated, among other derogatory things, that “Jesus isn’t going to save your job,” it was not enough. The burden of proof is very high for proving religious discrimination. You can imagine how easy it is for a large institution to hide their real intent for terminating an employee with vague and benign reasoning.

We knew the likelihood of success would be pretty slim when we took over this case just a few weeks before trial. However, we felt led by the Lord that this gentlemen needed our help regardless of the probable outcome. Sometimes we are called by God to show up and advocate a righteous cause in spite of the odds. I am learning more and more in this post-Christian era that we must respond to God’s calling and leave the results to Him.

 

Defending Prayer at School Board Meetings

Lastly, I wanted to ask you for your prayer as we work extensively this summer on briefs that will be due in September in the Ninth Circuit Federal Court of Appeal. We agreed to take over the Praying Hands with American Flag graphicdefense of the Chino Valley Unified School District in the Ninth Circuit appeal where a District Court judge ordered the School District to cease and desist its practice of allowing an invocation at the beginning of School Board meetings. This case will likely have a national impact as many school districts nationwide have a practice of allowing invocations at the beginning of their meetings. Please pray for us to have wisdom as we research and write our legal arguments.  

Thank you for your financial support to our ministry. Because of your generosity, we can quickly come to the aid of worthy causes like these. Know that we will continue to work diligently to protect religious liberty and our First Amendment right.

Court Halts School Board Prayer.....NOT WITHOUT A FIGHT!

The Chino Valley Unified School District asked Advocates for Faith & Freedom to help them in defending its policy of allowing an opening invocation at their board meetings.

Two years ago, the U.S. Supreme Court upheld the constitutional right of a city council to open its public meetings with an invocation —provided there was a nondiscriminatory process in selecting who offer the prayers.

The Supreme Court commented in Town of Greece v. Galloway that “legislative prayer has become part of our heritage and tradition, part of our expressive idiom, similar to the Pledge of Allegiance, inaugural prayer, or the recitation of ‘God save the United States and this honorable Court’ at the opening of this Court’s sessions….”

In the 1983 Marsh v. Chambers decision, the U.S. Supreme Court ruled that the Nebraska Legislature’s chaplaincy prayer practice did not violate the Establishment Clause. In doing so, the ruling noted that legislative prayers were deeply embedded in American history as early as the 1774 Continental Congress, when such prayers were presented through paid chaplains.

Chino Valley Unified School District decided to appeal a recent federal court ruling calling its own prayer policy unconstitutional, even though the board policy adopted in 2013 contained the same stipulations later upheld in the Town of Greece v. Galloway ruling.

In keeping with those long-held and federally recognized provisions, the school district retained Tyler & Bursch, LLP to represent it pro bono on appeal to the Ninth Circuit. Advocates for Faith & Freedom is working in association with Tyler & Bursch, LLP to help underwrite the costs of the appeal.  This case is being defended  by Tyler & Bursch  in order to  minimize the potential bias that we have experienced in the past when advocates for Faith & Freedom is the law firm of record.

Crowd outside Chino Valley School District with captionCVUSD’s prayer policy is nondiscriminatory because it allows clergy from all faiths to present their prayers. To ensure the policy is nondiscriminatory, the district sends out a letter to all religious assemblies inviting them to voluntarily sign-up to participate in the invocation. The militant Freedom from Religion Foundation sued the school district in November 2014.

In February, U.S. District Judge Jesus Bernal ruled against CVUSD saying that the Town of Greece decision allowing prayer before city council meetings did not apply to school districts because of the impressionability of schoolchildren who may attend the meetings.

“The School Board possesses an inherently authoritarian position with respect to the students. The board metes out discipline and awards at these meetings, and sets school policies that directly and immediately affect the students’ lives,” Bernal wrote.

After losing at the district court level, Chino Valley officials asked us to take over their legal representation before the Ninth Circuit Federal Court of Appeals. Our appeal will narrowly focus on the question of whether a school board may begin its meetings with a ceremonial prayer.

We believe this case will have serious ramifications because it is the first one to advance to the U.S. Circuit Court of Appeals and is ripe for review by the U.S. Supreme Court. It is also the first case to advance to the appeal level since the Town of Greece case reaffirmed the constitutionality of allowing ceremonial prayers before governmental meetings.

Because this case will require intensive staff time and legal costs throughout most of this year, we are asking that you please consider contributing to our defense fund. We seriously need additional financial support today to take on this battle. Whether you can afford to give $5, $25, or $1,000, it all matters and is greatly appreciated! We can’t afford to let a small minority of people and a radical organization redefine our way of life. To do so fosters tyranny of the worst kind. Thank you for your prayerful consideration to this cause. If you would like to donate to Advocates, click here.

Press Release 3-17-16

17 Opening Brief_4-26-17

 

Victory for Dream Center Lake Elsinore

Pastor Brett Masters leased a store front in downtown Lake Elsinore, California, as his headquarter offices for the Lake Elsinore Dream Center. The Dream Center is a volunteer driven organization that finds & fills the needs of individuals and families in their community. They do this by connecting isolated people to God and a coDream Center Workersmmunity of support providing services that address immediate and long-term needs in order to build relationships that will allow them to speak into their God-given potential. They work to bring hope to the needy, a way off the streets, out of poverty, and into self-sufficiency. One of Pastor Brett’s plans has been to implement a weekly community assistance program called “Adopt-A-Block.” Through Adopt-A-Block, the Dream Center teams assist residents in cleaning up their properties and offer a hand-up to those in need. The Dream Center needed a conditional use permit (CUP) from the City of Lake Elsinore in order to Dream Center staffbegin using the building for their headquarters. The planning staff had been very friendly and supportive of the project.  However, during the process of obtaining the permit, Pastor Brett faced stiff opposition from a couple of individuals who spent considerable time opposing the project.  This resulted in a Planning Commission deadlock vote.

Pastor Brett was referred to Advocates for help on his appeal to the City Council.  After a review of the law protecting the religious use of land, Advocates was able to help Pastor Brett understand the existing zoning laws and the CUP process as he prepared for the public hearing at the Lake Elsinore City Council.  With much planning and prayer, the Dream Center was unanimously approved. The City of Lake Elsinore and its residents will be enjoying the assistance from this wonderful staff and many faithful volunteers for years to come.

In 2007, Advocates prevailed against the City of Lake Elsinore on behalf of Elsinore Christian CenteDream center picr  where we set precedent in the Ninth Circuit preventing zoning discrimination against churches. That case helped pave the way for this victory and many others across the country.

We appreciate the financial support and prayers from faithful people like you! It’s only with your help and donations that we can make a difference and help Pastor Brett Masters and the Dream Center.

Two Christmas Victories for Advocates and Religious Liberty

The spirit of Christmas has arrived at Advocates for Faith & Freedom with the settlement of two Christmas-themed cases involving Southern California children. Both cases involve incidents that happened in December 2013. The resolution of these cases demonstrate how West Covina and Temecula Valley school districts worked with us to address our clients’ First Amendment liberties. As you may recall, Isaiah Martinez, then a first-grader, was barred from handing out candy canes to his West Covina classmates after his teacher noticed an accompanying note explaining the legend of the Isaiahcandy canes. The legend involves a candy maker who created the red-and-white-striped candies to represent the life of Jesus Christ. The teacher consulted with the principal, who told her the candy canes could not be distributed with the Christian legend attached. After school, Isaiah reported to his parents that the teacher tore off the Christian legend and told him that Jesus was not allowed in school.

We filed a federal lawsuit after several attempts to resolve the case at the school district level were unsuccessful. But in depositions for the lawsuit, the district’s representative admitted that the principal made a mistake and violated Isaiah’s rights by telling him he couldn’t give the religious-themed candy canes to his friends. The revelation helped Advocates’ staff attorney, James Long, to successfully negotiate a settlement after the school district had revised its district policy to accommodate religious liberties at all of its campuses. The district also agreed to pay Advocates for a portion of the attorney fees we incurred. The school district required that the amount remain confidential. Alex Martinez, Isaiah’s father said, “Advocates have been a blessing to my family. This organization is truly a Godsend! We thank God for Bob Tyler and the staff there.”

BrynnThe second case involved Brynn Williams who was a first grade student in December 2013 within the Temecula Unified School District. She was prevented from reading from John 3:16 during an in-class Christmas presentation. After filing an administrative complaint, the school district agreed to a settlement and we agreed to the joint statement that follows:

 The Temecula Valley Unified School District, Brynn Williams, and Brynn’s parents Gina and Shane Williams, have reached an agreement that will result in the dismissal of the administrative complaints submitted to the District by the Williams family.  The Williams family alleged that Brynn’s constitutional rights were violated when she was not permitted to read a Bible verse out loud as a part of a class assignment. The District’s internal 

investigation into the matter concluded that the actions of the classroom teacher and the principal were not anti-religious. 

Although further administrative action through an appeal and litigation are available to the Williams family, and litigation is available to District employees, the parties agree that a compromise would be more beneficial to all involved. The compromise reached by the parties is not an admission of liability on the part of either party.  The settlement presents a compromise that is in the best interests of Brynn Williams, her family, the District, District staff, and local students.

The District continues to be committed to providing an educational environment that ensures that students do not lose their constitutional rights when they enter the schoolhouse gates.  Therefore, the District will continue to work to ensure that all of its students continue to enjoy their constitutional freedoms, including religious freedoms, in harmony with District policies. 

The District agrees that it is in the best interest of all concerned to provide training to school administrators on the topic of First Amendment rights of staff and students.  The Williams family, the District, and the District’s employees are very satisfied with the outcome and the Williams family applauds the School District’s willingness to provide First Amendment training to its staff.

While both cases were two years in the making, their successful completion shows the need for persistence when advocating for religious liberty and the protection of free speech. When we take on a case, it is not something that is usually resolved in a day or even a month. It’s typically a long-term commitment with many struggles and 150 to 500 hundred hours of legal work. For example, Isaiah Martinez’ case, our attorneys logged-in more than 350 hours.

We are grateful for your continued commitment to our vital work. To that end, would you please consider helping us to continue our core mission by making a year-end tax deductible donation so that we can continue to defend your liberties along with the liberties of students like Isaiah and Brynn who simply want to share the love of Jesus? We know there are many great ministries that deserve your support and we truly appreciate any contribution you can make to Advocates for Faith & Freedom.

Mobile Pregnancy Clinic Sues State Over New “Bully” Law

Just 15 months after launching a mobile pregnancy medical clinic ministry, Pastor Scott Scharpen is facing the reality of having to shut it down after Gov. Jerry Brown signed into law the “Reproductive FACT Act,” which requires all such clinics to post a notice on site promoting free and low-cost abortions. The notice must be at least 22-point size and posted in the waiting area. It must also include a telephone number for abortion referrals. Clinics may opt to distribute the notice to each patient in 14 point type. “I will not post that notice in our clinic,” said Scharpen, founder of the Go Mobile for Lifeministry clinic in Riverside County. “I would rather close the clinic than post that notice. This is Pastor Scott Scharpen captionoutrageous!”

Scharpen launched his mobile clinic in August 2014 with a 31-foot RV. The clinic provides free services, including ultrasounds. The unit parks in conspicuous locations in Riverside County, acting as a mobile billboard. “It’s not just a clinic,” he said. “It’s a ministry. We share the gospel with them. Our slogan is ‘GO serve women, GO save lives and GO share Jesus.’”

Before going to the extreme of shutting down the mobile clinic and disenfranchising hundreds of clients who receive free services through their non-profit community clinic, Scharpen chose to seek out the services of Advocates for Faith & Freedom and Tyler & Burch, LLP.

We have decided to file a lawsuit in Riverside County Superior Court with the hope of finding justice in a neutral forum. In fact, the free speech clause under the California Constitution has been interpreted by courts to provide even greater protection to speech than does the First Amendment to the U.S. Constitution. (See Press Release, complaint and preliminary injunction below)

Bringing a free speech case in state superior court is not the normal course of action for most religious liberty legal organizations because federal court has typically been the favored forum. However, we decided to bring this case in state court in order to take an alternative strategic approach to another case we already filed in federal court in San Francisco.  Along with our co-counsel, the ACLJ, we filed the federal lawsuit on behalf of Living Well Medical Clinic, Inc., Pregnancy Care Center of the North Coast, Inc., and Confidence Pregnancy Center, Inc.

We believe it is important to protect pro-life clinics because they typically provide safe options to pregnant women with resources to support a mother through pregnancy, parenthood and/or adoption. However, if the Reproductive Fact Act is allowed to remain the law of California, these important clinics promoting life will also be forced to promote abortions.

By enacting this law, Scharpen said, “the state is overstepping its authority by requiring privately funded ministries to act as agents of the state by promoting a state-mandated message promoting abortion.”

“We as clinics shouldn’t be required to provide information about services that we don’t offer and that women have the ability to find through other means,” he said.

Scharpen said he has always been prolife but never advocated on behalf of the unborn until he was preparing a sermon in early 2013. The Lord, he said, directed him to preach on abortion.

Later that year he purchased a clinic RV from an Ohio non-profit organization that provides similar RVs to ministries throughout the country. The clinic was officially launched iMobile Pregnancy Clinic 2n August 2014 after securing a medical license from the California Department of Public Health.

“As a pastor and as a businessman I did not think I would be involved in running a clinic,” he said. Now he’s fighting for the right to operate the privately held clinic in a manner that reflects the clinic’s religious beliefs.

Scharpen added, “This lawsuit has even broader implications. If the California state government gets away with telling pregnancy clinics what to say and even how to say it, then ALL faith-based businesses are at risk of being bullied into delivering the government’s mandated speech.  We must stand up and fight this unconstitutional law for the benefit of all people!”

We are excited about the opportunity to advocate for the life of the unborn. We will be faced with challenging the unlimited resources of the State of California, who will be represented by the State’s Attorney General. Numerous nongovernmental advocacy organizations will likely come join the defense of the State providing a well-funded defense and numerous attorneys.

We anticipate that we will provide over $200,000 worth of free legal services and will incur thousands of dollars in court costs and other expenses on this case alone. We would greatly appreciate any financial support you can provide to help us win this case. Thank you in advance for your prayers and support!

Read Press Release here.

Here Comes Common Core... What's the big deal?

Dear Friend,
In 1776, Thomas Paine wrote, “Society in every state is a blessing, but Government, even in its best state, is but a necessary evil.” Our Founding Fathers recognized government as a necessary evil and, therefore, carefully crafted the American government with a separation of powers so no one branch of government became too powerful. Additionally, our Constitution provides the federal government with certain powers and the states with certain powers. Thomas Paine’s words ring truer now than in 1776, because the federal government’s “Common Core” curriculum interferes with States’ rights and violates federal laws prohibiting such control. 


Control of educational curriculum is a state right; not a federal right. Under Common Core and its financial incentives, the federal government is attempting to do what it legally cannot. The federal government, by financial incentives (our tax dollars), is attempting to take away power reserved for the states. A large part of the American government’s success lies in its inherent restraints on government power known as “checks and balances.” This means the federal government must not overstep its authority by ignoring the laws adopted by Congress.  We, as citizens, should be gravely concerned when any branch of our government ignores laws restraining it and, in this case, treads on the rights of States.

Everyone—not just parents—should oppose Common Core because it negatively affects the nation’s youth in two ways:

  1. The math curriculum puts students almost two years behind their peers, potentially forcing them out of the university system and into the already impacted community college system, leaving our universities scrambling for foreign students who can qualify;
  2. The questions students must answer on tests has an anti-conservative indoctrination and a socialism/communism agenda.  Common Core is about lowering the academic standards for American children and the indoctrination of an anti-American agenda.

Furthermore, Common Core collects our children’s data without proper parental consent. It is possible this data will be available to unknown sources. Common Core testing allows the educational system to ask if guns are in your home, if parents have served in the military, and other information not necessary to the academic pursuits of students.

What can parents do? Use an Opt Out Form to remove your children from the Common Core testing. As long as California has Common Core, students may not Opt Out of the curriculum entirely, but may Opt Out of the testing for religious reasons. If all students opt out of Common Core testing, the system will fail to accomplish its hidden agenda.  All citizens can write their political representatives encouraging them to get rid of the Common Core curriculum in California.  States like Texas and Alaska have not adopted Common Core for the reasons stated above.  Lastly, when you go to the polls, make sure you know your candidate’s view on Common Core.

There are many Opt Out Forms by great organizations, one source we recommend is TruthinAmericanEducation.com. You may also contact our office (888-588-6888 or email: info@faith-freedom.com), and we can send you an Opt Out Form.                              In His Service,                                                             Marty Nicholson                               Legal Counsel

 

Is Jesus Allowed in School? The Courts to Decide!

Dear Friend,

            Hostility towards religion, particularly Christianity, in public schools has increased dramatically in the past few years. Cases involving students being ridiculed and even reprimanded because of their Christian faith are on the rise.
 
            As some of you may recall, Isaiah Martinez, a first grader in West Covina, Calif., brought Christmas gifts to school to share with his classmates. The gifts were candy canes with attached notes describing the legend of the candy canes. The legend tells the story of the candy maker who created candy canes to represent the life of Jesus Christ.
 
            When Isaiah’s teacher saw what the note on the candy canes said, she confiscated them. After speaking with the principal, she told Isaiah that Jesus is not allowed in school. She then removed the notes at the direction of the principal and handed the candy canes back to Isaiah to distribute to the class.  The teacher then threw the notes in the trash.

            “Jesus is not allowed in school?”  Isaiah was understandably confused and embarrassed by what happened in class that day. Fortunately, his parents reached out to us to learn if the school and administration’s actions were warranted.
 
            We immediately sent a letter to the West Covina Unified School District demanding that the school apologize for how Isaiah was treated and demanded that it adopt a policy prohibiting school officials from discriminating against or intimidating Christian and other religiously-affiliated students, as is appropriate under the First Amendment of our Constitution.
 
            The school conducted an investigation and substantially confirmed the facts as we presented, but the school district believed that their discriminatory actions were warranted. We then appealed to the school board requesting once again that Isaiah be allowed to hand out the candy canes and that they adopt a revised policy. After the school board denied our appeal, we appealed to the California Department of Education to no avail. The school has Alex Martinez Quoteneglected to correct its actions, and after exhausting all options to avoid a lawsuit we were left with no choice but to file a complaint in the U.S. District Court for the Central District of California. By filing suit, we will be asking the court to protect Isaiah's rights and the rights of others like him from having their faith censored.

            It’s unfortunate when these situations arise and must be brought before a judge in order to rectify injustice. Please join us in prayer as we take Isaiah’s case to trial and pray for the strength and protection of Isaiah and his family. In return, we are more than happy to pray for you and your families, and welcome your prayer requests. Send prayer requests and any questions to info@Faith-Freedom.com.
 
            If you’re tired of the way that Christians are marginalized in our country, and the increasing hostility towards Christians, please consider making a donation today. Your gift will go directly toward cases like Isaiah’s, and it will make an impact on the culture targeting people of faith today. We’re constantly stunned by the cases that come our way – primarily young students experiencing humiliation and discrimination simply because of their Christian faith. We ask for your support to continue our work protecting our First Amendment right to share the Gospel of Jesus Christ!

 In His Service,,
 
Robert Tyler
General Counsel

  
 
            We are grateful for your support and words of encouragement for our team and clients. Isaiah and his family are blessed to receive the comfort and guidance of their pastor, Jack Hibbs of Calvary Chapel Chino Hills, who also serves on our Board of Directors.
 
            We are very fortunate to have Pastor Jack as our keynote speaker for Justice 2014! Please mark your calendars…  
 

Justice 2014 Annual Gala and Fundraiser “Understanding the Times”
Saturday, September 27th at 5:00 pm
Held at Hilton Orange County/Costa Mesa 3050 Bristol Street, Costa MesaKeynote Speaker: Pastor Jack Hibbs

Entertainer and Emcee: Comedian Robert G. Lee Honored Guests: Tim and Beverly LaHaye

Get involved with Advocates for Faith & Freedom! This is your opportunity to support the work of Advocates. This event helps us raise funds to support our free legal services through dinner ticket sales, live auction, and silent auction. We hope you will join us – please visit our Justice 2014 page for more information and to purchase your ticket or table.

Presenting the Gospel while "Under Oath"

Dear friend, More and more, we are experiencing governmental lawyers who seem to have no religious affiliation, no exposure to Christianity, and no knowledge of some of the most basic Christian principles like the “Great Commission.”  To many governmental lawyers, the concept of a Christian spreading the Gospel is almost putrid to their senses.

I am writing my thoughts as I ponder upon a deposition currently ongoing in one of our cases. Our client was questioned by an attorney from the California Attorney General’s Office and I anticipate, based on her questions, that she will eventually argue that our client’s attempts to share the Gospel is not protected religious speech because it is offensive to some members of the public.

Here’s the “silver lining” that is apparent in the deposition transcript: The deputy attorney general has been questioning our client about hell, sin, salvation, good works, and sexuality. She has also questioned whether our client’s group believed that Jesus Christ is the only way to heaven and salvation. How do think our client responded? He shared the Gospel message in love and compassion to the governmental lawyer!

“When you are brought before synagogues, rulers and authorities, do not worry about how you will defend yourselves or what you will say, for the Holy Spirit will teach you at that time what you should say.” Luke 12:11-12

Far too often, we are experiencing governmental officials who seem to think it is their job to sanitize the public from exposure to a Christian perspective. As our American culture becomes more and more secularized, it is going to be more and more important for us to educate public officials and to defend the First Amendment in courts so that Christianity is not censored in all public arenas.

This is why it is our stated mission to “defend the First Amendment right to spread the Gospel of Jesus Christ.”

The good news is that we have had significant success in this arena! From the acquittal of Christians sharing their faith on public property who were criminally charged to students sharing their faith in public schools.

Let us give you some more good news from California! We were recently contacted by Texas-based Liberty Legal Institute and Pastor Rick Moore of Calvary Chapel Laguna Niguel. Pastor Rick was attempting to rent city facilities from the City of Laguna Niguel in order to launch his new church. However, when Pastor Rick contacted the City, he learned that although the City rented their facilities to nonprofit organizations, the City could not rent to religiously based organizations because of a discriminatory provision embodied in the City’s ordinances.

With help from Advocates for Faith & Freedom and Liberty Legal Institute, we were able to properly advise Pastor Rick and warn the City Council about the unconstitutionality of the policy prohibiting the temporary rental of property to religious organizations. After a public hearing last month, the City Council voted unanimously to eliminate the discriminatory policy so that churches could rent City facilities just like other nonprofit organizations.

Thank God for this Victory!

Although we recognize that our culture is embracing a radicalized and secular culture, we are excited that God has placed each of us on this earth “for such a time as this.” (Esther 4:14)

Please remember to pray for us as we continue to work in this ministry of protecting our First Amendment right to spread the Gospel of Jesus Christ. If you have the ability, we would greatly appreciate your financial support for the ongoing costs we incur to protect religious liberty. In His Service,

Robert Tyler General Counsel

  

Another Victory! Bible Accepted into Public School's Library

Dear Friend, Recently, Advocates for Faith & Freedom was contacted by Gary Nelson regarding his third grader, Victoria, who attends an elementary school in the Temecula Valley Unified School District. The family was disheartened a couple of years ago—when Victoria was in first grade—and was not allowed to donate a Bible to the school-sponsored book donation program. 

Because of the media attention received on the Brynn Williams case, in which Brynn was not allowed to finish her Christmas presentation because she tried to quote a Scripture, Mr. Nelson was moved to contact Advocates after realizing Victoria’s rights had been violated.

The elementary school offers a “Birthday Book Program” in which students may elect to celebrate their birthday by donating a book to the school library on their birthday. The donated book has the student’s name inserted on the front inside cover.  The school then formally recognizes the student at the Friday Flag Salute Assembly.  The student is called up in front of the entire school so that he or she can hold their book up and get a picture taken with their donated book.

On Victoria’s birthday, she brought her favorite book to school to donate…the Bible.  She handed the Bible over to her teacher and said, “John is my favorite book!”  The teacher smiled and accepted the book with a thank you.  A few days later, the teacher handed the book back to the student’s father, Gary Nelson, explaining, “The principal said students cannot donate the Bible. It cannot be in the library,” reported Mr. Nelson.  That Friday Mr. Nelson had to explain to his daughter that her book had been rejected by the school and that she could not be recognized at the assembly.  The family was upset because they felt that not only had the Bible been rejected, but so was the student.

Advocates’ attorneys wrote a detailed 9-page letter to the school district explaining that the Establishment Clause “mandates governmental neutrality” not only among different religions, but also “between religion and non-religion.” Here, the principal’s rejection of the Bible as a viable donation towards the school library was a message of disapproval towards religion. After our attorney met with Mr. Nelson and the school principal, the principal apologized and Victoria was finally recognized at the next assembly and was allowed to donate her favorite book, the Bible, to her school library.  

This case is yet another example of District employees lacking knowledge of First Amendment rights, as well as lack of proper policies and employee training.  Victoria had the right to give the school the Bible under the book donation program, the school had the right to receive it, and students now have a right to go to the library and read it.  We Praise the Lord for this victory!

We are grateful for the Williams family and their courage to stand up for Brynn’s rights!  Mr. Nelson commented that had it not been for the Williams’ coming forward, the Bible would not be in Victoria’s school today.   “I teach my children that Jesus does not hit singles and get on first base…He only hits home runs!” He went on to say, “Because TVUSD “pushed back” on the Williams case, it caught my attention in the media and this issue got resolved too!  All for His glory!”

Update on First Graders Brynn Williams and Isaiah Martinez

Brynn Williams tried to read John 3:16 during a Christmas presentation in her class but was stopped by her teacher before she could read the Scripture. Isaiah Martinez was told that “Jesus is not allowed in school” by his teacher and watched as his teacher tore off his Christmas message attached to the candy canes he  intended  to give to his classmates.   In both of  these  cases, we  filed  complaints with each of their school districts hoping to persuade the school boards to adopt policies that will educate and train school officials about the First  Amendment  liberties afforded  to students and to implement a policy that prohibits school officials from expressing religious hostility and intolerance toward religion. We are in the process of negotiating with each of the school districts. If the districts refuse to respect our demands, we will likely file federal lawsuits to compel each district’s compliance.

Will you stand with Advocates? Here’s how you can help:

  • Pray with us, for our students, teachers, and administrators.
  • Give a financial gift so that we can continue in this work.
  • Let us know if you experience or hear about any hostility towards religion in the public schools.

We thank you for your faithfulness and your prayers as we press on in this mission!

In His Service, Robert Tyler General Counsel
On a Personal Note...

Maybe you noticed that our February newsletter didn’t come at the end of the month as usual.  Well, both Jen and I were very busy during the month of February.  Jen and Jordan Bursch were blessed with the birth of their first child, Harper Grace Bursch.  She was a real miracle in the making after beating the odds of some medical complications. Please  pray for God’s continued blessings on this beautiful and healthy gift of life.

Meanwhile, I spent time on my sixth mission trip to Hinche, Haiti, with my wife and three of our four children. We had another wonderful 

opportunity to support the local work of the Haiti Endowment Fund and its numerous churches and Christian schools in the outlying areas of Haiti’s Central Plateau. Religious liberty and Christian values appear to be well respected in Haiti. Though Haiti has a long history in Voodoo, Christianity  is now  welcomed throughout this poverty stricken  nation.