2018: Time to Gain Ground

Elections have consequences and for years, Christians (especially those of us in California!!!) have borne the brunt of a progressive, anti-Christian onslaught that has undermined our moral and ethical commitments to life, marriage and religious freedoms. But as we eclipse the one-year anniversary of the Trump Administration, believers have something to celebrate as the consequences are finally swinging our way. That message was recently underscored when the Department of Health and Human Services announced a new division protecting the conscience rights of medical professionals who oppose abortion, physician-assisted suicide and other treatments that clash with their religious beliefs. The department will crack down on government coercion, reversing a heavy-handed Obama regime known for forcing nuns to pay for contraception through insurance.

Coupled with the appointment of Neil Gorsuch to the U.S. Supreme Court and other conservative federal judges, Christian conservatives have plenty to cheer about. Even so, now is not the time to rest. Now is the time to gain ground!!!

Unfortunately, while the Obama administration is gone, many bureaucratic policymakers who share his worldview remain. Dubbed the “deep state,” the movement involves government insiders who work underground, pushing their own progressive agenda, often undermining elected officials. While dismissed by many as “conspiracy theories,” recent headlines point to its validity. Among them are the current reports of politicized FBI officials working against the Trump administration and the 2013 IRS scandal involving the IRS targeting of conservative groups (including Advocates for Faith & Freedom and some of our board members, which were also “conveniently” audited by the IRS state bar and board of equalization).

What is happening today is just the tip of the iceberg and they are not going to give up their hateful assault on all we hold dear. In many ways, they feel emboldened by a majority whose values they despise.

In other arenas, primarily in the legislature and judiciary, the attacks on our faith are not so subtle, impacting a wide swath of society: churches, schools, businesses, insurance and healthcare.  Advocates for Faith & Freedom receives calls regularly from faith-based leaders who find themselves in a legal or non-compliance predicament. As a result, we are partnering with other Christian professionals to host “Emerging Trends 2018,” a series of free, informational seminars throughout Southern California. Our vision is to equip pastors, church administrators, Christian business owners and ministry leaders to avoid these risks.

In California, where government has stripped most pro-family protections, the anti-Christian mindset is expanding to include industry associations such as state bars and medical boards, which are amending professional ethics to target Christian ministries and businesses. One of their goals is to saddle us with time and cost-consuming defense through the legal system in an effort to wear us down.

The good news is we can be proactive, which is at the heart of these seminars. Our presenters provide practical strategies to help deflect challenges by the government and lawsuits by anti-Christian organizations and individuals, who are increasingly “shopping” around for opportunities to silence Christian values and voices. Seminar topics range from ministry governance to insurance and risk management to cultural concerns.

In this relentless battle to defend our biblical values and religious liberties, Advocates for Faith & Freedom and Tyler & Bursch, LLP are working together to equip our Christian brothers and sisters with the full armor of God.

Your faithful prayers and generous financial support are greatly appreciated. 

 Now is definitely the time to gain ground! 

Judicial Whirlwind is a Positive Sign for 2018 and Beyond...

Whew!! 2017 has been a whirlwind of activity with President Trump winding down his inaugural year in office. Lost behind many of the sensational headlines and storylines has been a record-setting year of judicial appointments that will help to shape our culture not only in 2018 and into the 2020 mid-terms, but also for years to come. The future looks bright for those of us who embrace our God-ordained religious freedoms.

Making good on one of his central campaign promises, President Trump has already seen 12 of his federal appeals court nominations, a record for first-year presidential appointments. The previous record was 11 by Presidents Kennedy and Nixon. The conservative nominees all solidly embrace the U.S. Constitution; no revisionists among them. In addition to their conservative philosophies, many of Trump’s appointments are young enough that their influence will be entrenched in American law for decades to come!

But even though the president has been operating at a record pace, there is still a tremendous backlog of judicial vacancies.

Many of Trump’s nominations are being held up by Democrats who are trying to obstruct his presidential prerogative to appoint judges. Such is the case in the 9th U.S. Circuit Court, which governs the western

U.S. The 9th Circuit, the most liberal—and overturned appellate court in the country—has four vacancies (three of which have been vacant a year, the fourth for two years) with two more coming in 2018. The vacancies include a seat in California, as well as Arizona, Hawaii, and Oregon.

Despite the desperate need to fill those seats, Trump’s nomination to fill the Oregon seat has been stalled by politics. The highly qualified nominee, Ryan Bounds, has been awaiting confirmation for three months while Sens. Ron Wyden and Jeff Merkley try to use procedural grounds to block the appointment.

In addition to the appeals court, federal district courts in California (the central and southern divisions), have seven existing vacancies, with one more coming Dec. 31. Nominees have yet to be named to those positions. We believe the make-up of the nation’s district courts is absolutely critical because they hear roughly 60,000 cases annually. In addition, nominees to the appellate court are often culled from the ranks of the district courts.

Although there are no current vacancies on the U.S. Supreme Court—thanks to Neil Gorsuch’s April confirmation—most experts anticipate that Trump may have the opportunity to appoint at least two justices with the long rumored-retirements of Justices Ruth Bader Ginsburg, a liberal, and Anthony Kennedy, a moderate who frequently casts the tie-breaking vote.

The judicial composition of these courts is particularly crucial in California where the legislature is overwhelmingly liberal. Often the only recourse we have in protecting religious liberties is through the court system, which has systematically eroded to the left. As a result, the greatest legacy of the Trump Administration could be his efforts to remake the courts.

As we head into 2018 with a watchful eye toward promising judicial appointments, Advocates for Faith & Freedom’s attorneys are diligently working on several court cases that have significant ramifications for religious freedom:

The Scharpen Foundation v. Kamala Harris against CA AB775  In October, Advocates’ attorneys successfully argued before a Riverside County Superior Court Judge that California’s Reproductive FACT Act infringes on constitutional free speech by compelling pregnancy care centers to engage in speech that is contrary to their spiritual beliefs. The state will likely appeal.

National Institute of Family and Life Advocates v. Becerra The Supreme Court has agreed to hear this sister case to Scharpen.  We are working closely with NIFLA’S lead counsel because of valuable research we uncovered during our preparations on the Sharpen suit. That information will likely influence the High Court.

Calvary Chapel Bible Fellowship v. Riverside County  Our client maintains the city of Temecula violated federal law (RLUIPA) by denying the church’s permit to expand its existing facility on its own land within the wine country. Earlier this month we filed our notice of appeal to the 9th Circuit.

We have also supported several other high profile lawsuits by filing Amicus Briefs:
Masterpiece Cakeshop v. Colorado Civil Rights Commission Colorado baker Jack Phillips is being sued for discrimination for refusing to decorate a wedding cake for a same-sex couple. The case was argued before the U.S. Supreme Court on December 5. Our brief is filed on behalf of a notable constitutional law school professor.
Arlene's Flowers v.  State of Washington  Similarly, flower shop owner Barronelle Stutzman declined to create floral arrangements for a long-time customer’s same-sex wedding.  Stutzman lost her case in Washington. Our brief is filed on behalf of a notable constitutional law school professor.
California, et al. v. Hargan, et al.   California Attorney General Xavier Becerra is challenging to overturn President Trump’s executive order partially removingObama-era mandate that all insurance policies cover contraceptives. Trump’s order exempts employers who object on religious grounds.  Our brief is filed on behalf of American Center for Law and Justice.

When you consider your year-end or year-round charitable giving, please remember Advocates for Faith & Freedom with a tax-deductible donation.

While we remain grateful that your faithful prayers continue to encourage us through these court battles, without your financial generosity, we would not be able to continue to work on pro bono cases that uphold our Christian beliefs.

Happy New Year & God bless you, Robert Tyler General Counsel

Pro-Life Lawyer Finds Redemption and Hope

We won again!And I have a riveting story that underlies this significant case that thwarted the abortion industry. I hope you will read through this inspiring newsletter. First, the Riverside Superior Court judge ordered the State Attorney General to CEASE the enforcement of the California’s Reproductive FACT Act in the case we filed for The Scharpen Foundation.

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The Scharpen Foundation operates Go Mobile for Life, a licensed mobile medical pregnancy clinic in California. The transportable clinic parks in public places offering women free ultrasounds, resources, pregnancy counseling and post-abortion counseling.

The Reproductive FACT Act challenges our client’s mission to provide life-affirming options to women facing unplanned pregnancies.  The state law requires nonprofit pregnancy care clinics to advertise for abortions by giving women a county phone number where they can call and get a referral for a free or low-cost abortion.

The judge agreed that this law violates our client’s right to free speech under the California and U.S. Constitutions!

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Let’s now rewind to 2015 when I presented this case to our staff of attorneys. Nada Higuera, a first generation Palestinian-American volunteered to work on this case—the epitome of a David versus Goliath battle.

Raised in Islam, Nada became a Christian and now serves as an attorney in our firm defending religious liberties and promoting Christian causes. However, this case was particularly important to Nada.

Nada had an abortion as a teen. When she was just six or seven years old, Nada was sexually assaulted by a family friend—a man in his fifties. The abuse continued for years, and Nada—too afraid to tell her parents and too young to understand what was happening—remained silent. Her abuser told her to keep quiet, and she remained in fearful silence.

“I was a pacifist and didn’t want to cause problems,” Nada said. “I just never had the courage to say anything. I was very confused.”

At 16 years old, Nada found herself pregnant by her abuser after she had purchased a pregnancy test at the grocery store. She knew she could not keep the pregnancy a secret. Nada told her sister, who relayed the information to her parents. Without a second thought, the family agreed that Nada would get an abortion. Her dad and sister drove her to an abortion facility in Modesto, California.

“I felt like an empty shell,” Nada recalled. “I wasn’t really there. I remember the abortion was government funded. It was so easy and it was done. There was no talk about adoption. There was no sonogram that you saw. It was just this really seamless, easy process.”

After the abortion, Nada said she felt relieved because the abuse was over. She continued with her life, went to college, and then pursued her career. It was not until she came into a personal relationship with Jesus Christ in her early twenties that she realized the gravity of what had occurred. Nada said at first, she experienced deep guilt and sorrow, but as her newfound faith grew, so did her understanding of God’s grace and forgiveness.

 “It was only when I became a Christian that I started understanding the impact of what I had done,” Nada said. “I had taken a human life, and it was a baby made in the image of God. I knew once I became a Christian, that I was forgiven for that.” But her emotional pain did not just go away.

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Nada is seeing how God is using our client’s case to help her heal from her abortion, and to bring healing to others. She hopes her story will help women who have faced sexual assault or have had an abortion. “To women who are feeling shame or unforgiveness, I want to be able to help them if I can,” Nada said. “There’s hope and redemption. God is amazing.”

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Nada said it is crucial that the rights of pro-life individuals are protected and that governments are not allowed to strong-arm citizens into violating their conscience. “Life is a gift from God,” Nada said. “Even from the beginning, we need to protect it and nurture it.”

Little did any of us know the impact this case would have on us as a staff, our clients, and especially, Nada. But God knew and orchestrated this entire case—every last detail— for His glory!

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Nada argued our case as she was nearly nine months pregnant! And Nada came off maternity-leave to argue the case at trial before the court. On September 9, 2017, she and her husband welcomed their daughter into the world.

The case will now be appealed by the Attorney General in the state appeals court. Meanwhile, our sister case in federal court is being briefed for the U.S. Supreme Court where we will be filing an amicus brief advising the High Court of our state court victory. It should certainly have a significant impact on the success in that case before the U.S. Supreme Court.

We can’t fight the state without your financial help!  We have a lot of work yet to accomplish and every gift—large or small—helps us in our battle to preserve life, speech and our God-given freedoms. Please support Nada and our work with a financial gift as God may lead you. 

Celebrating 12 Years - Serving Courageous Christians In Their Fight For Religious Liberty

“Who through faith conquered kingdoms, enforced justice, obtained promises, stopped the mouths of lions...” Hebrews 11:33 (ESV)

Dear Friends,

Since our founding 12 years ago, thousands of courageous Christians have partnered with Advocates for Faith & Freedom in the fight for religious liberties and to end the tyranny against Christianity. You may remember a few of our cases from over the years where, through God’s blessings, your faithful prayers and generous financial support, we have been victorious for His kingdom!

Pearlie Jenkins and Healing Hearts Outreach Ministry took on the Memphis Housing Authority!  Standing for free assembly and exercise of religion in 2007 when her Bible study was banned from her retirement home, Pearlie contacted Advocates.  Just 3 days after our complaint was sent, the MHA not only decided to permit the Bible study, they also adopted a policy protecting the religious liberties of all the residents!

High School student Chad Farnan “stood up for Jesus” against his teacher and the entire Capistrano Valley Unified School District!  In 2007, Chad exposed his teacher’s frequent hostility in the classroom towards religion and in particular, Christianity—once telling his students that, “When you put on your Jesus glasses, you can’t see the truth.”  With the help of Advocates’ attorneys, in the first case of this type, a Federal Court initially found that some of the teacher’s comments of violated the Establishment Clause!

With a desire to bring “spiritual revival to a depressed area,” Lake Elsinore Christian Center and Pastor Jim Hilbrant fought City Hall...and won!  When City officials denied the church a building permit, they sought our help in the first-ever case of violating the Religious Land Use and Institutionalized Persons Act (RLUIPA). In 2007, after a seven-year battle that was pending at the U.S.  Supreme Court, the City of Lake Elsinore settled, paying the church $1,205,000, in a precedent-setting victory for religious land use protection for churches all across the nation! In 2008, Superior Court employee Mindy Barlow and her group’s six-year-long, lunch-time Bible study meetings were suddenly no longer allowed, while other groups were still permitted, so she contacted Advocates to file a complaint on her behalf.  Ms. Barlow “just wanted the judicial system to… apply the freedoms guaranteed in the Constitution.”  The Superior Court’s Administration agreed to settle, permitting Ms. Barlow and the Bible study group to resume their access to the free exercise of religion in the courthouse facilities!

In December 2013, two brave first-graders won the war on Christmas by fighting against religious bullying and intimidation in their schools!  Little Isaiah Martinez was not allowed to share a Christmas legend with his classmates about a candy-maker who created candy canes to symbolize the life of Jesus Christ.  His West Covina school teacher told him, “Jesus isn’t allowed in school.” After we filed a Federal Lawsuit, the School District agreed to craft a new district policy that accommodates religious liberties at all of its campuses!

That same month, Brynn Williams’ Temecula Valley school teacher prevented her from completing her class assignment to share her family’s Christmas tradition.  As she began describing the Bethlehem Star from atop her family’s Christmas tree, before she could quote John 3:16, her teacher interrupted with, “Stop right there! Go take your seat!” She later explained, in front of the entire class, that talking about the Bible or sharing its verses was not allowed in school. After receiving Advocates for Faith & Freedom’s demand letter, asking for an apology, the School District agreed to allow Brynn to complete her speech in her class and provide First Amendment training to its staff!

We are honored to have partnered with these inspiring Christian soldiers who have stood in the gap with us in the fight to protect and defend religious liberty across our nation. Because of your support, we have been able to represent all of these individuals without charge!

Advocates for Faith & Freedom has grown over the years and we now have eight Christian attorneys! Through their hard work, time and sacrifice, Advocates for Faith & Freedom is making a difference in our laws and culture!

But there is more work to do! We ask for your continued prayers and are thankful for your tax-deductible support for three important, precedent-setting court cases that we are litigating today:

  • The Scharpen Foundation v. CA Attorney General - defending free speech and the sanctity of life. We had a victory at our hearing in State Superior Court - October 30, 2017!
  • Calvary Chapel Bible Fellowship v. the County of Riverside - defending their religious land use rights. We are awaiting Riverside County Superior Court Judge’s decision by November 9, 2017.
  • Chino Valley Unified School District v. Freedom From Religion Foundation - defending the right to ceremonial prayer before school board meetings under the Establishment Clause. The judge will hear our oral arguments in the Ninth Circuit Federal Court of Appeal on November 8, 2017.

We are grateful for your ongoing support of our vital ministry. Through God’s blessings, your continued prayers and your tax-deductible gifts, Advocates for Faith & Freedom will continue to be a strong Christian voice for justice in the courts!

  In His Service,
 Robert Tyler General Counsel

Historical Bible Banished from our Nation's Library

On my recent visit to Washington D.C, I was told that scores of historical books describing America’s Christian heritage have been ousted from our Nation’s library! For centuries the Library of Congress has collected and displayed millions of documents, books, artwork and other artifacts of our Judeo-Christian history. Established in 1800 to provide Congress historical documentation for the making of laws, the LOC is the world’s foremost repository of American history.

Even the architecture—particularly in the Main Vestibule of the Library’s historic Thomas Jefferson Building—symbolizes the legacy of our Christian roots. But while on a tour of the library, I was more struck by what was missing, than what was there.

Our guide, Dr. Catherine Millard, president and historian for Christian Heritage Ministries, told me that over several decades, countless books, many of them historical works celebrating our religious history, have simply disappeared from the General Collection - the library’s primary public access area. They are typically labeled either missing in inventory or charged to the Rare Book Collection and stored in a special vault.

She’s been tracking the books’ disappearances since the 1980’s! Much of her work, including more than 20 years as a researcher and writer at the LOC, is contained  in    her   book,  “The   Rewriting  of   America’s History,” originally published in 1991, updated in 2011. Certain  that  our  nation’s   Protestant   Christian history  has  been  targeted, she  told  me, “There has been a Library of Congress onslaught on removing the nation's true historic origins, hence, identity, from public view.”

Dr. Millard is convinced the literary exodus is not just a case of sloppy book keeping, but a deliberate attempt at revisionist history. Only four days after our tour, Dr. Millard was stunned to discover that the Giant   Bible of   Mainz - a 500 year-old, hand-written and illustrated Bible that, along with the Gutenberg Bible, had been on display for more than 50 years - has been removed.

When Dr. Millard inquired, she was told by the chief of the LOC’s Visitor Services Office that the Librarian of Congress, Carla Hayden, had removed the historic Bible for renovation. However, we cannot find anyone who can tell us if or  when the Bible will ever be back on display.

However, we cannot find anyone who can tell us if or  when the Bible will ever be back on display.

Gayle Osterberg, the director of Communications for the LOC, told Dr. Millard that Hayden, an Obama appointee who was head of the Baltimore Public Library system, has ideas to modify the Main Vestibule to include hands-on, 21st century and “pop-up” exhibits that pay homage to current and cultural influences.

In June, 2017, one of those exhibits included a tribute to “Pride in the Library," featuring items from the library's extensive “LGBTQ-Plus” collections. Since thousands of students visit the Library of Congress every month, what better way to promote the left’s public school agenda? Dr. Millard calls this action an affront to Christian families!

In a June 2016 Daily Signal article, Concerned Women for America voiced their displeasure with Hayden’s far-left radical activism.

Of Hayden’s ideological agenda and obvious lack of qualifications, Senior Legal Fellow at the Heritage Foundation, Hans von Spakovsky said, “That’s not what the Library of Congress is all about.” It’s the foremost cultural institution of the U.S. government, and that’s why we’ve had renowned scholars in this position.”

With what I’ve been told, I share Dr. Millard’s urgent concern for the integrity of our nation’s Library.  Maybe it’s time for President Trump to appoint a new Librarian of Congress who will respect our Christian Heritage.

If you’d like to help Advocates for Faith & Freedom get this priceless Giant Bible of Mainz back on display and fight this attack on our spiritual heritage, please let your voice be heard!

To exert pressure on the Committee on House Administration please call 202-225-8281 or send an easy form email to the committee members from their website at cha.house.gov/about/contact-us/email-house-administration. Public pressure has worked in the past. In 1990, the missing 1847 family Bible belonging to Abraham Lincoln was found after Dr. Millard doggedly pressed Library officials on its whereabouts.

Just as Dr. Millard’s objective is to preserve the truth about our Christian history in Washington D.C., Advocates for Faith & Freedom is fighting to protect our religious liberties in our courts.

Please partner with us with a tax deductable donation of $10, $100, $250, or more.   We are grateful for your generosity and thankful for your prayers!

Pastors Disrupt D.C.!

Dear Friends, If you follow us on Facebook and receive our Advocates In Action emails, you’ve heard about my recent trip to Washington, D.C.  Advocates for Faith & Freedom was honored to be a sponsor of Church United’s Awakening Tour for California pastors.

Church United’s founder, Pastor Jim Domen, admits his purpose is to “disrupt” California pastors and bring a revival to the churches of California. And I believe a sense of revival is about to happen!

Over 150 pastors and influential church leaders from across the state came together in May to accept the challenge to pray for our politicians, pray for revival and to respond to the spiritual issues that threaten our communities.  At least 28 of these pastors are affiliated with Advocates for Faith & Freedom’s ministry!

Everyone prayed for an awakening in the Church!

Church United arranged for most pastors to meet with their own congressional representatives to pray with them and for them.  Most of the politicians were extremely encouraged by their visit from the pastors. God definitely had His hand in the connection made between the pastors and their elected officials!

The pastors were encouraged by so many Christian congressmen and senators who boldly warned that revival won’t come from Washington D.C., but will be flamed in our local churches. After all, California is the birthplace of some of our most significant revivals like Azusa Street and the Calvary Chapel “Jesus People” movement.  The pastors came in unity from the inner-city to the suburbs, from democrat to republican, from orthodox to charismatic, from rich to poor. It was an amazing symbol of a “church united” in the heart of our Nation’s capital.

U.S. Senator Ben Sasse, House of Representatives Leader Kevin McCarthy, Freedom Caucus Chairman Congressman Mark Meadows, Congressman Mike Johnson, CA State Senator Mike Morrell, and many more spoke with a conviction that called on these pastors to find the courage to speak from the pulpit and the public square with faith and without fear! All Believers, some were even former pastors who said they never aspired to run for public office, but seeing the decline of our country’s religious and moral character, they are now giving a voice to America’s Christians who feel they’ve been forgotten by their government.

I was blessed to have had the opportunity to share with these pastors about Advocates for Faith & Freedom’s ministry. Simply put, we exist to defend their First Amendment right to share the Gospel of Jesus Christ. Now, inspired by the hope of revival and the unity they shared, here is what these pastors had to say…

So, what can you do to help inspire this united message of hope for California and our country? Please pass this newsletter on to your own pastors and encourage them to contact us about attending the next Pastors’ Awakening Tour in Washington, D.C. You can also contact Church United directly at www.churchunited.com.

As Advocates for Faith & Freedom continues our fight in the courts for you and your church’s right to spread the Gospel of Jesus Christ, won’t you partner with us with your prayers of support? And won’t you consider sending a tax-deductible gift of $25, $100, $250 or more?

Thank you for your generous support, which allows us to continue our ministry in law and our partnership with other ministries like Church United!

They Sued Chino Valley Unified for Freedom of Religion! Really?

We filed a major brief on April 26, 2017 in the Ninth Circuit Federal Court of Appeal in our defense of Chino Valley Unified School District and its longstanding policy that allows an opening prayer before its public school board meetings. The School District became the target of a federal lawsuit by the Freedom From Religion Foundation, an aggressive, anti-religion organization based in Wisconsin.

After losing in the lower court, the School Board approached our lawyers to take over their defense.  Our lawyers at Tyler & Bursch now represent the School District in the Ninth Circuit Federal Court of Appeal. Advocates for Faith & Freedom is raising the funds to underwrite this very expensive and nationally significant case and we need your financial support.

Would you partner with Advocates for Faith & Freedom with your tax-deductable donation for our pro-bono defense of the School District?

This case is so important that we asked some of our friends and colleagues to file amicus briefs/friend of the court briefs. Jay Sekelow of American Center for Law and Justice, Alliance Defending Freedom, the Congressional Prayer Caucus Foundation, and Freedom, Law and Religious Practitioners have all filed supporting briefs. Many more are likely to be filed.

The Freedom From Religion Foundation claims that the School District’s policy of allowing prayer before its public board meetings violates the First Amendment’s Establishment Clause. Without your support and our strategic defense, the Freedom From Religion Foundation’s radical view of the First Amendment will become the law of the land.

The lower court initially sided with the Freedom From Religion Foundation and ordered the School District to stop the invocations before board meetings. Our appeal seeks to reverse the lower court.

The U.S. Supreme Court has already ruled 5-4 in Town of Greece v. Galloway that opening City Council meetings with prayer does

not violate the Establishment Clause, which states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

The U.S. Supreme Court also held that legislative prayer is considered to have “historical precedent” and “lends gravity to public business, reminds lawmakers to transcend petty differences in pursuit of a higher purpose, and expresses a common aspiration to a just and peaceful society.”

Because of your enormous outpouring of prayers and generous financial support, I think it’s important to share more excerpts from our brief, so you can read what was actually cited and submitted to the court. You can also view our entire 70 page brief. Here are a few excerpts from our brief:

The prayers offered at the start of the Board of Education meetings were constitutionally permissible, legislative prayers under Marsh and Town of Greece. The District Court held that the Marsh/Town of Greece legislative prayer exception does not apply to school boards…. The district court erred. The line of cases concerning prayers at school do not apply to opening prayers at the Board of Education meetings because those prayers are constitutionally permissible legislative-prayers.

. . . .

           The Legislative prayer exception was established for State Legislatures and “other deliberative bodies”. These “ceremonial” prayers were simply a “recognition that, since this Nation was founded and until the present day, many Americans deem that their own existence must be understood by precepts far beyond the authority of government to alter or define. . . .”

. . . .

The Supreme Court extended the Legislative prayer exception to local legislative bodies. “In Marsh, the Nebraska state legislature opened each session with a prayer. Marsh v. Chambers, 463 U.S. 783, 784-85 (1983). A citizen sued, claiming the practice violated the Establishment Clause. Id. at 785. Relying on the “deeply embedded” history and tradition of our country, the Supreme Court held that the practice of allowing opening prayers for a legislative body or “other deliberative public bodies” did not violate the Establishment Clause. Id. at 786, 795. Indeed, the Court found that the Framers of the Constitution “did not consider opening prayers as a proselytizing activity or as symbolically placing the government’s official seal of approval on one religious view. . . . Rather, the Founding Fathers looked at invocations as ‘conduct whose . . . effect . . . harmonized with the tenets of some or all religions.” Id. at 792 (quoting McGowan v. Maryland, 366 U.S. 420, 442 (1961).)”

. . . .

“The Supreme Court in Marsh and Town of Greece found that prayers before deliberative public bodies are Constitutional legislative prayers to which the traditional Lemon test [a three-part test  put  forward  in  Lemon v. Kurtzman which is used to assess whether a law violates the Establishment Clause] does not apply.”

. . . .

“The Fifth Circuit recently held that prayers delivered by elementary and middle school students during the ceremonial portion of school board meetings do not violate the Establishment Clause. The Fifth Circuit reasoned that school boards are deliberative public bodies to which the legislative prayer exception applies.” At the strategic guidance of Tyler & Bursch’s lawyers, the Chino Valley Unified School District board members have wisely agreed to amend its policies to restrict some of the more controversial comments of board members during public meetings and to focus this appeal solely on the constitutionality of allowing a ceremonial prayer at the beginning of school board meetings.

We are confident that we will prevail with the appeal, whether at the Ninth Circuit or before the U.S. Supreme Court. We’re fighting for invocations; something that’s been going on since the founding of our country. That is why this case is of utmost importance to religious liberty in our country.

There is no other country in the world whose morals and laws are influenced more by Christian values than ours. But, those principles are being silenced by extreme groups like Freedom From Religion Foundation.

As always, Tyler & Bursch and Advocates for Faith & Freedom offer our services pro bono in protecting religious liberty in order to confront these anti-Christian organizations.

If you are able, your tax-deductable gift to Advocates for Faith & Freedom for $25, $50, $100 …or more, will allow us to continue to fight these court battles and ensure we remain free to believe, worship, and pray in this “one nation under God.” God bless you for your generosity, your faithfulness, and your prayers.

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Legal Update

  • Also known as Go Mobile For Life, The Scharpen Foundation is challenging Xavier Becerra, Attorney General of California on California’s "Reproductive FACT Act" which compels Christian-based, pro-life clinics to post a notice advising the women they serve that free or low cost abortions are available, along with where they can be obtained and a phone number. The judge in this case is expected to issue a preliminary written decision any day now and we look forward to presenting our evidence in a full trial to prove discrimination of pro-life clinics statewide. Through litigation, we have uncovered covert discrimination. The law purports to apply to thousands of licensed medical clinics. But after exemptions, it really only applies to approximately 82 pro-life organizations!

 

  • In a unique, two-pronged strategy, as Advocates for Faith & Freedom argues for the Scharpen Foundation in Superior Court, we are concurrently awaiting a decision from the U.S. Supreme Court in the Living Well Medical Clinic case (sister case to Scharpen) as to whether the High Court will accept our federal case for review, challenging California’s anti-life law.

 

  • If you’ll remember, in the free speech VICTORY of Mackey v. Meyer, three federal appellate judges in the Ninth Circuit issued a final ruling in favor of a Christian man who was unlawfully arrested for reading the Bible aloud in front of the California Department of Motor Vehicles. Having won our appeal in the Ninth Circuit, the CHP settled and agreed to pay $10,000 to our client! We will now file a motion to recover attorney fees to support future cases.  
  • Instead of making a final ruling in April on the religious land use case of Calvary Chapel Bible Fellowship County of Riverside the U.S. District court hearing resulted in the judge asking both sides to submit additional briefing on specific issues. Based on the oral arguments at the April hearing, we’re optimistic that we will persuade the judge to rule in our favor at our final hearing in August, and that he will find that Riverside County’s zoning ordinance unlawfully discriminates against churches.

 

  • Church United, an organization whose purpose is to reach California pastors with the message to be bold in proclaiming a Biblical worldview to their congregations, has invited me to join them along with 170 plus pastors on their fully-sponsored trip to Washington, DC. Our goal is to encourage and support those courageous pastors who no longer wish to stay silent about the moral and ethical issues facing our culture today.

Can California Ban Moral Standards of Religious Employers? They're Trying!

Should a church be allowed to remove a high school youth pastor from his position if he coerced his pregnant girlfriend to get an abortion? What if the youth pastor was female, pregnant and unmarried? Today, church leaders have the ability to take the appropriate employment action that they believe is best in that situation. I suspect that you agree that the First Amendment protects the church’s right to make the best decision that the leaders see fit for that particular situation based on their religious beliefs.

But the California Legislature will soon decide whether the church is capable of making the right decision. If passed, AB 569 would outlaw the right of religious organizations, including churches, pro-life organizations, non-profits and Christian colleges to maintain employment standards regarding “reproductive health.” These are just liberal code words for abortion and birth control.

What if a Catholic nun became pregnant by a priest and later had a partial birth abortion? Will the California legislature really have the nerve to tell the Catholic Church that the church has no ability to take appropriate disciplinary action?

Assembly Bill 569 stomps on religious freedom by forbidding religious organizations from requiring that their employees maintain the moral standards taught by the individual organization.

We will certainly oppose the legislation and encourage you to do the same.

ACTION ITEM: It is absolutely vital that members of the Assembly hear your concerns. To see if your Assemblymember is on the committee, click here. To find your Assemblymember and contact information, click here.

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         At the end of February, I was invited by Jim Domen of Church United, to participate in a briefing with pastors at the California State Capitol. We met with numerous politicians to pray with them in the Capitol Building. I was honored to have the opportunity to provide a legal briefing and to encourage the pastors to engage in today’s culture.

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Litigation Update           Reproductive Fact Act Lawsuit: You may recall that we are aggressively challenging this abusive law that requires pro-life licensed medical clinics to post a notice to patients in the waiting room or in the clinic’s intake paperwork. The notice states that free and low cost family planning services and abortions are available by calling a particular phone number. Last week, along with our co-counsel at the ACLJ, we filed a petition with the U.S. Supreme Court asking the Court to accept our case for review after the Ninth Circuit ruled that forcing this speech on pro-life organizations is not unconstitutional.

Meanwhile, on April 6, 2017, we will be in the California State Superior Court where we are taking a second strategic path of litigation against the California Attorney General’s Office. We have uncovered important evidence that will help us prove discrimination by exempting most all other that the State engaged in viewpoint licensed clinics from the law. Our case will either be dismissed by the court or set for trial. Please pray that we receive a fair hearing and favor before the state court and the U.S. Supreme Court.

Our cost of litigating these cases are significant and we urgently need your support so that we can continue to battle to protect the unborn and our First Amendment right to free speech and free exercise of religion - all in the same litigation.

Religious Liberty Conference in Zambia

As a faith-based religious liberty legal firm, we take Scripture to heart: “be my witnesses in Jerusalem and in all Judea and Samaria, and to the end of the earth” (Acts 1:8 ESV). As I discovered over the holiday, Samaria needs us. My family and I were privileged to travel to Zambia to work at the Breath of Heaven Orphanage with the children and their school teachers. I  participated in a  pastor’s  conference  on religious liberty and traditional  values.  About  100  pastors attended.  The purpose was to encourage pastors to stay  involved in a  cultural  tug-of-war  as the   nation is  faced   with   increased  pressure  from  the   United Nations to embrace a liberal agenda on moral issues.

The Christian nation is facing increased pressure to secularize by those who support abortion and same-sex marriage. Their struggle resembles the one we once faced in America. Beyond the social issues, there is a push to remove Christianity from its Constitution.

The new Zambian president created a new cabinet position—the Minister of National Guidance and Religious Affairs. I was invited to meet with the minister and am looking forward to the possibility of serving her office and Zambia’s parliament in the future with legislation promoting religious liberty.

In His Service,

Robert Tyler President and General Counsel

“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.” Dr. Martin Luther King

 

Christian Vindicated - WIN in the Ninth Circuit!

I have great news to share with you regarding a case that many of you have followed and supported for many years! On January 11th, three federal  appellate judges in the Ninth Circuit  issued a final ruling in favor of our  client,  Mark  Mackey, who was arrested back in 2011 for reading the  Bible aloud  in  front of the  California Department of Motor Vehicles in Hemet.

Overzealous CHP officer, Darren Meyer, approached Mark Mackey, grabbed the Bible from his hands, slapped handcuffs on his wrists, and hauled him off to jail. The entire episode was recorded on video and, despite clear evidence that Mr. Mackey and his friends were merely exercising their constitutional rights, the state refused to drop the charges. The video showed Officer Meyer saying that it was illegal to “preach to a captive audience.”

The court also rightly rebuked Officer Meyer for false allegations in his police report. In that report, the officer alleged that Mr. Mackey was yelling at people waiting in line and that a “verbal confrontation” had become “heated and nearing a physical state.”

The Ninth Circuit judge explained, “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.”

It was obvious to us from the beginning that a great injustice had occurred. 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 because the officials did not agree with our client’s speech. But that is exactly why our founders created the First Amendment—to protect even disagreeable speech.

Mr.  Mackey  filed a federal lawsuit, but  immediately  offered to drop the  federal  suit  if  the CHP admitted to the unlawful arrest and agreed to properly instruct its officers on how to handle such cases. They declined. Instead they prosecuted him. We successfully prevailed over the criminal charges.

Because of the nature of this case, it received national attention and more than 165,000 people have viewed the online video. But the real work was done behind the scenes as our team invested hundreds of hours investigating legal precedents, drafting briefs and dealing with opposing counsel.

Without dedicated supporters like YOU, who offered consistent prayers and financial backing over the years, Mr. Mackey would never have prevailed. His win in the liberal Ninth Circuit is a win for all of us who hold religious liberty dear. On behalf of Mark Mackey—and those who come after him—We Thank You!

If you would like to financially support the essential work we do here at Advocates for Faith & Freedom, please click here.

Click to view the Press Release.