Yesterday's Supreme Court Oral Arguments in Gay Marriage Case

          Yesterday, attorneys argued in front of the Supreme Court on whether to redefine marriage to include gay couples. Hundreds of protesters stood outside debating and holding rallies.

          The justices seemed deeply divided as they grilled both plaintiffs and respondents during oral arguments in the landmark marriage case, Obergefell v. Hodges, which is scheduled to be decided in June.

          The separation between the liberal and conservative justices was very apparent. Justice Anthony Kennedy, usually considered a swing vote, expressed concern in changing what has been recognized as marriage for a “millennia.”

          However, in a very alarming statement, Justice Kennedy made a comparison between the current battle to protect marriage and the civil rights battle African-Americans faced saying, “It was about the same time between Brown and Loving as between Lawrence and this case.”1024px-Supreme_Court_US_2010

          Justice Kennedy was referring to the thirteen years between decisions in the 1954 Brown v. Board of Education decision (ending racial segregation in schools) and the 1967 Loving v. Virginia decision (overturning Virginia’s interracial marriage ban) which have a similar time frame as the 2003 Lawrence v. Texas decision (overturning Texas’ law that outlawed sodomy) and Obergefell v. Hodges being argued currently.

          To hear the complete oral arguments, click the link below:

          Please ask for God’s intervention in the minds of our Supreme Court justices to preserve the institution of marriage.

Can't Miss These Reactions from Our Victory in Court!

The month of March ended with a sweet victory for all those who support religious liberty. Ventura County Superior Court Judge, Henry Walsh, affirmed the rights of a Christian school to ask that its employees provide a reference from a pastor.

When parents send their kids to schools that bear the “Christian” title they rightfully expect the school to provide a quality Christian education backed by biblical values. They also expect those teachers charged with the care of their children to share in these values. Little Oaks School in Thousand Oaks, California is a Christian school that takes this responsibility very seriously. For the 2012 school year, Little Oaks asked their employees to provide the reference from a pastor in order to renew their teaching contracts. Two preschool teachers refused to provide a pastor’s reference and their contracts were not renewed.

The teachers argued that because the school was not a non-profit entity, the school did not have the right to require teachers to obtain a pastor’s reference. The school was owned by Calvary Chapel Thousand Oaks and served as a ministry to the community even though it was not separately organized as a tax exempt entity.Little Oaks Private School

Attorneys from Tyler & Bursch, LLP, with the support of Advocates for Faith & Freedom, represented the school and Calvary Chapel Thousand Oaks. They argued that the school is protected by a ministerial exception backed by case law that prohibits courts from intervening in the employment decisions of religious organizations regardless of whether the school is formally organized “for profit” or “not for profit.”

Judge Walsh agreed, explaining that “the ministerial exception is constitutionally compelled and arises out of the Establishment and Free Exercise clauses of the First Amendment…It is based on the concept that secular courts will not attempt to right wrongs related to hiring, firing, discipline or administration of clergy. It extends to church related institutions which have a substantial religious character, which includes church related schools.”

Attorney James Long applauded Judge Walsh’s ruling, saying, “We are grateful that this Court has chosen to protect the liberty of Little Oaks School. It only makes sense that a Christian school has the constitutional right to require that its teachers provide a reference from a pastor.”

As the story garnered attention in the media, many took to Facebook, Twitter, and the Advocates website (faith-freedom.com) to weigh in. The vast majority brought words of encouragement and support for the court’s decision and the school’s unwavering commitment to ensuring students receive a quality Christian education and care:

“This is a banner day… it is a testimony to the glory of God and His hand being upon a righteous judge and lawyers.”

“It’s a victory for freedom of religion. Thanks for your faith.”

“This is a wonderful affirmation of the right of a religious organization to insure that those that represent that organization also meet the standards of that organization. Thank you to all who were involved and to the Judge.”

Others, however, different opinion:

“All Christians are crazy.”

“Pretty sad to see people happy about this…you don’t need to be Christian to be a good teacher.”

Nevertheless, there is nothing sad about this decision. As Calvary Chapel Thousand Oaks’ Pastor Rob McCoy explained, “Religious Liberty is a foundational right that must be preserved. This ruling gives cause to celebrate our government’s faithfulness in protecting this right.”

Robert Tyler, Managing Partner of Tyler & Bursch, LLP and General Counsel of Advocates for Faith & Freedom agreed and stated, “This case is a great example of why we need to continue to stand for religious liberty regardless of the cultural climate. We can win as long as we show-up to defend our constitutional rights.”

We promise to continue to show-up and defend your constitutional rights. We trust in the Lord and depend on your prayers and support as we continue to fight for your religious liberties. Please consider making a tax deductible donation today of $10, $50, $100, or $500. Be assured of our prayers for you and may God bless you and your loved ones.

In His Service,

VicSig

Victor Bermudez Director of Public Outreach

BREAKING: Little Oaks Christian School Wins Discrimination Trial

logo4On Monday, March 23rd, a Ventura County Superior Court judge affirmed the rights of a Christian school in Thousand Oaks, California, to ask that its employees provide a reference from a pastor. Little Oaks School asked their employees to provide the reference in order to renew their contracts each year. Two preschool teachers refused to provide a pastor’s reference and their contracts were not renewed.

They argued that because the school was not a non-profit entity they had no right to require their employees to obtain a pastor’s reference. The school was owned by Calvary Chapel Thousand Oaks and served as a ministry to the community even though it was not separately organized as a tax exempt entity.

Advocates for Faith & Freedom, with the support of Tyler & Bursch, LLP, represented the school and Calvary Chapel Thousand Oaks. They argued that the school is protected by a ministerial exception backed by decades of case law that prohibits courts from intervening in the employment decisions of religious organizations. 

Little Oaks Private SchoolThe Judge agreed and in his ruling and explained, “the ministerial exception is constitutionally compelled and arises out of the Establishment and Free exercise clauses of the First Amendment…It is based on the concept that secular courts will not attempt to right wrongs related to hiring, firing, discipline or administration of clergy. It extends to church related institutions which have a substantial religious character, which includes church related schools.”

Attorney James Long applauded the judge’s ruling saying, “We are grateful that this Court has chosen to protect the liberty of Little Oaks School. It only makes sense that a Christian school has the constitutional right to require that its teachers provide a reference from a pastor.”

Robert Tyler, General Counsel of Advocates for Faith & Freedom agreed, “This case is a great example of why we need to continue to stand for religious liberty regardless of the cultural climate. We can win as long as we show-up to defend our constitutional rights.”

Calvary Chapel Thousand Oaks’ Pastor Rob McCoy explained the importance of the case saying, “Religious Liberty is a foundational right that must be preserved. This ruling gives cause to celebrate our government’s faithfulness in protecting this right.”

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

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

Your First Amendment Rights Are Under Attack!

Spreading the Gospel in Public

             You may remember the case about the man who was arrested for reading the Bible aloud in front of a DMV. This man was arrested for “preaching to a captive audience.” After realizing there is no such law, the officer issued a citation for interfering with an open business through obstruction and/or intimidation. The District Attorney realized that neither of those claims were valid and, instead, prosecuted our clients for failing to have a permit pursuant to a vague and little-known state regulation.
             After successfully defending this man in criminal court, we filed a civil law suit in federal court for unlawful arrest and false imprisonment. The case was brought before the US District Court for the Central District of California where a judge ignored the lack of probable cause to arrest our client and said his First Amendment rights were not violated.
             We disagree with her decision and are taking the fight to the next level, the US Court of Appeals for the Ninth Circuit. Opening briefs are scheduled to be filed in July.

Barred from Sharing Faith
             Advocates is serving as co-counsel to the Center for Religious Expression (CRE) in a law suit against San Bernardino County officials on behalf of Mark Mante who was prohibited from sharing his Christian faith on public sidewalks outside of two San Bernardino courthouses. As a result of a court order, Mante has been barred from speaking or handing out literature referencing his Christian beliefs in the public spaces in and around courthouse grounds.
             For over 5 years, Mante routinely stood on public property outside the historic San Bernardino Courthouse and shared his faith. But on Dec. 3, 2012, a deputy sheriff stopped Mante and told him about a court order that required Mante to abandon his expressive activities and leave the area. The sheriff provided Mante with a copy of the order detailing a policy regulating speech activities outside of county courthouses. Mante soon learned that he could be subject to sanctions up to $1,500.00 each time he tried to share his Christian faith, even if it was during a one-on-one conversation.
             This is an important lawsuit that challenges the dangerous policy of prohibiting speech in public forums. We are proud to partner with CRE’s Chief Counsel, Nate Kellum, to defend Mante’s First Amendment right to peacefully share his faith with willing listeners. This type of speech is protected by our Constitution, and it’s a shame that it is prohibited at a courthouse, of all places.
             We appreciate your prayers and support as we continue to fight for your religious liberties. Please consider making a tax deductible donation today of $10, $50, $100, or $500. Be assured of our prayers for you, and may God bless you and your loved ones.
                                                                  In His Service,
                                                                  

                                                                  Robert Tyler
                                                                  General Counsel

BREAKING: Supreme Court announces that it will hear Gay Marriage cases

Gaymarriage The United States Supreme Court has announced that it will decide whether same-sex couples have a right to marry under the Constitution. The ruling will affect all fifty states and will either affirm or invalidate the political process states have in place to decide on such issues.

The Court will decide two issues:

  1. Whether the constitution requires states to issue marriage licenses to same-sex couples.
  2. Whether states must recognize same-sex marriages performed in another state.

Because of the implications of such a ruling, the Justices have decided to extend the time for arguments from one hour to two-and-a-half hours.

The case being brought before the Supreme Court comes from the United States Court of Appeals for the Sixth Circuit. In November, the Sixth Circuit upheld bans on same-sex marriage in Kentucky, Michigan, Ohio and Tennessee. The Supreme Court will now hear from plaintiffs challenging the bans in each of those states.

The time is now to pray for the protection of the traditional marriage and family. We’ll be sure to send you an update if there are any developments in the story.

Second Grade Student Asks That Federal Court Protect His Religious Freedom This Christmas Season

November 12, 2014 Second Grade Student Asks That Federal Court Protect His Religious Freedom This Christmas Season

West Covina, CA. Advocates for Faith & Freedom has filed a request for a preliminary injunction in the U.S. District Court for the Central District of California on Wednesday, November 12th 2014. The injunction, if granted, will prohibit the West Covina Unified School District from stopping seven-year-old Isaiah Martinez from passing out candy canes to his classmates with the candy cane legend attached during the Christmas season.

Isaiah MartinezLast Christmas, Isaiah Martinez took Christmas gifts intended for his first grade teacher and classmates at Merced Elementary in the West Covina Unified School District. Each gift consisted of a traditional candy cane with a message attached that recited the legend of the candy cane. The legend references a candy maker who created the candy cane to symbolize the life of Jesus Christ.

When Isaiah brought his Christmas gift to school, his teacher took possession of the candy canes. At the direction of the school principal, the teacher instructed Isaiah that “Jesus is not allowed in school” and she removed the candy cane messages from each candy cane, threw the messages in the trash, and handed the candy canes back to Isaiah for delivery to his classmates. Isaiah then nervously handed the candy canes to his classmates in fear that he was in trouble for trying to bring a little Christmas cheer and “good tidings” to class.

The case is already in federal court after the parents of Isaiah Martinez felt the school violated their son’s right to freedom of religious speech.

Robert Tyler, lawyer and General Counsel, explained their decision to file a federal law suit saying, “the school has neglected 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 federal court. We are asking the court to protect Isaiah's rights and the rights of others like him from having their religious speech censored. Students do not shed their First Amendment rights just because they enter into a classroom.”

In January the story garnered attention from major news outlets including Fox, Univision, and NBC.

Attorney James A. Long, legal counsel with Advocates explains the injunction is necessary “because the West Covina Unified School District has made clear that the only theology allowed in the classroom is the government’s theology, it has given every indication that it will again prohibit Isaiah from passing out the candy cane legend at his school’s holiday party in the name of ‘religious neutrality’, Isaiah’s constitutional rights will be violated again this year unless the Federal Court grants Advocates’ request for a preliminary injunction.”

Advocates claims the school has no legally viable reason for suppression of the speech, such as disruption, profanity or vulgarity or evidence that the schools conduct would be seen as advocating a particular religion.

The original demand letter can be found here.

The preliminary injunction can be found here.

The federal complaint can be found here.

A picture of Isaiah and his Father, Alex Martinez, can be found here

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

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

Contact: Victor Bermudez or Lori Sanada (888)588-6888

Unlawful arrest! Preachers seeking justice in Federal Court!

dmv pic           You might remember reading about our case involving three men arrested for reading from the Bible aloud outside the DMV in Hemet, CA. The officer told them that they weren’t allowed to “preach to a captive audience.” After placing the men in custody, the arresting officers learned that there is no such law, so the officers had to come up with a new charge–“interfering with an open business through obstruction or intimidation”. The DMV was actually closed at the time our clients were evangelizing and they were standing at least 50 feet away from the DMV entrance, so that citation did not stick. After political pressure was apparently exerted upon the Riverside County D.A. by the CHP, new charges were drummed-up and two of the men–Brett Coronado and Mark Mackey–were prosecuted for failing to have a permit to conduct a “demonstration or gathering.” Advocates defended Brett and Mark by arguing that merely reading the Bible out loud, in front of a group of people waiting in line, clearly did not amount to an illegal demonstration or gathering.

Our defense team did a fantastic job defending our clients and making it clear there was no crime committed by the men sharing the Gospel of Christ. The judge agreed and quickly found our clients “not guilty!” The judge also commented that he was concerned that the law being applied was unconstitutional. By the grace of God, our clients were victorious in this trial!

NicWe were honored to be aided in this fight by our co-counsel, Nic Cocis, a devoted Christian lawyer who grew up in the Communist era in Romania. He understands how blessed we are here in America, and how vital it is that we always take a stand to preserve our liberties!

We had previously filed a federal lawsuit for unlawful arrest before these criminal charges were filed against the men. That federal lawsuit was stayed pending the outcome of this criminal case in State Court. We are now moving forward in Federal Court seeking to prove that the CHP violated the First Amendment by unlawfully arresting our clients and by their enforcement of an unconstitutional regulation.

The defendants were humiliated and stripped of their free speech protected under the First Amendment to the Constitution as they were unlawfully arrested without any probable cause that a crime occurred. We are confident the judge will see the injustice committed and rule in our favor.

This case is very important in deterring authorities from illegally arresting individuals for the peaceful expression of faith. Rarely does a day go by that we don’t see or hear on the news of someone’s religious freedom disregarded as secularism takes over our schools and work places. If we don’t fight back when cases like this occur, we might be the next ones told to leave our Bibles at home.

If you believe that everyone should have the right to spread the Word of God without the threat of arrest, please consider a financial gift to help us with this federal case. Any amount you contribute will help to fund the manpower, hours of legal and strategy preparation, filing fees, and travel costs to make sure we are properly equipped for what is to come.

 

 In His Service,

Robert Tyler Signature

Robert Tyler

General Counsel

 

P.S. We are staying busy fighting new attacks on religious freedom here in “the Land of the Free”. If you are not receiving our email updates, be sure to sign up online at www.Faith-Freedom.com where you can register for email updates, learn more about religious liberty, and make online donations to help us fight for your First Amendment rights. Please consider making a tax deductible gift today. Also, don’t forget to like us on Facebook and Twitter.

9.11.01. WE REMEMBER.

Please join us today as we remember all those who died on September 11, 2001. 9.11

Stop what you're doing, and take a moment today to remember those who lost their lives in the attacks, and also the loved ones they left behind who are still grieving every single day.

Ten Quotes Inspiring Quotes on 9.11.01

Our enemies have made the mistake that America's enemies always make. They saw liberty and thought they saw weakness. And now, they see defeat. -President George W. Bush

“If we learn nothing else from this tragedy, we learn that life is short and there is no time for hate.” -Sandy Dahl, wife of Flight 93 Pilot Jason Dahl

September 11 is one of our worst days but it brought out the best in us. It unified us as a country and showed our charitable instincts and reminded us of what we stood for and stand for. -Senator Lamar Alexandar

September 11 impressed upon us that life is a precious gift. Every life has a purpose. And I think we all have a duty to devote at least a small portion of our daily lives to ensuring that neither America nor the world ever forgets September 11. -Bill Frist

What happened on September 11 compels us to focus on who we are as Americans, what we stand for, what really matters in our lives - family, friends, faith and freedom. -Bob Taft

September 11, 2001, revealed heroism in ordinary people who might have gone through their lives never called upon to demonstrate the extent of their courage. -Geraldine Brooks

We can best honor the memories of those who were killed on September 11 and those who have been killed fighting the war on terrorism, by dedicating ourselves to building a free and peaceful world safe from the threat of terrorism. -Jack Reed

“Commending the victims to almighty God’s mercy, I implore his strength upon all involved in rescue efforts and in caring for the survivors.” Pope John Paul II

Terrorist attacks can shake the foundations of our biggest buildings, but they cannot touch the foundation of America. These acts shatter steel, but they cannot dent the steel of American resolve. -President George W. Bush

"9/11 was a reminder that the bonds of family can be severed in an instant. They are essential, crucial, valuable, fragile." -Peter Jennings

Is Jesus Allowed in School? Advocates for Faith & Freedom Files Suit

We've taken that question to U.S. District Court for the Central District of California on Monday, September 8th 2014. The federal complaint comes after the parents of Isaiah Martinez felt their son’s right to freedom of religious speech was revoked in his classroom.

Last Christmas, Isaiah Martinez took Christmas gifts intended for his first grade teacher and classmates at Merced Elementary in the West Covina Unified School District. Each gift consisted of a traditional candy cane with a message attached that recited the legend of the candy cane. The legend references a candy maker who created the candy cane to symbolize the life of Jesus Christ.

When Isaiah brought his Christmas gift to school, his teacher took possession of the candy canes. At the direction of the school principal, the teacher told Isaiah that “Jesus is not allowed in school” and ripped the candy cane message from each candy cane, threw the messages in the trash, and handed the candy canes back to Isaiah for delivery to his classmates. Isaiah then nervously handed the candy canes to his classmates in fear that he was in trouble for trying to bring a little Christmas cheer and “good tidings” to class.

Isaiah’s parents reached out to us to learn whether the school and administration’s actions were lawful.

We immediately sent a letter to the West Covina Unified School District demanding that the school apologize for how Isaiah was treated and adopt a policy prohibiting school officials from discriminating against or intimidating Christian and other religiously-affiliated students. Ultimately, Isaiah wants to be able to hand out his gift in class like all the other students in the future.

In January the story garnered attention from major news outlets including FoxUnivision, and NBC.

Robert Tyler, lawyer and General Counsel, explains “the school has neglected 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 federal court. We are asking the court to protect Isaiah's rights and the rights of others like him from having their religious speech censored. Students do not shed their First Amendment rights just because they enter into a classroom”.

If successful, the law suit will secure the right for Isaiah to share his Christmas gifts with his fellow classmates.