Bible Donation Rejected

Advocates is consulting with a Massachusetts student who gifted a Bible to the school’s library book donation program only to have campus officials reject it. Through the program, students who donate a book to the library on their birthday are recognized at the school assembly. The child decided to donate a pictorial version of the Bible as his gift.

After consulting with us, the child’s parents are meeting with school officials in hopes to settle the dispute out of court. One of their resources for the discussion isBible slider an Advocates case from last year in which officials with the Temecula Valley School District reversed an earlier decision preventing second-grader Victoria Nelson from donating a Bible at her school. The Nelson family contacted us saying that the district and school had not only rejected the Bible, but also their daughter.

In that case, Advocates intervened by writing a nine-page letter to the district explaining that the Establishment Clause “mandates governmental neutrality” not only among different religions, but also “between religion and non-religion.” The demand letter pointed out that rejecting the Bible donation was tantamount to sending a message of disapproval toward religion.”

Not only did the principal apologize to Victoria, but she was also allowed to share her donation at a school assembly. You can read more about the Nelson case here.

Whether it’s incidental or deliberate, public schools across the country are increasingly quashing the rights of students to practice their First Amendment rights of free speech and freedom of religion. As demonstrated by these cases, Advocates for Faith & Freedom is committed to protecting these unalienable rights, no matter where in the United States the infractions occur.

Bible Donation Rejected

Advocates is consulting with a Massachusetts student who gifted a Bible to the school’s library book donation program only to have campus officials reject it. Through the program, students who donate a book to the library on their birthday are recognized at the school assembly. The child decided to donate a pictorial version of the Bible as his gift.

After consulting with us, the child’s parents are meeting with school officials in hopes to settle the dispute out of court. One of their resources for the disBlue Biblecussion is an Advocates case from last year in which officials with the Temecula Valley School District reversed an earlier decision preventing second-grader Victoria Nelson from donating a Bible at her school. The Nelson family contacted us saying that the district and school had not only rejected the Bible, but also their daughter.

In that case, Advocates intervened by writing a nine-page letter to the district explaining that the Establishment Clause “mandates governmental neutrality” not only among different religions, but also “between religion and non-religion.” The demand letter pointed out that rejecting the Bible donation was tantamount to sending a message of disapproval toward religion.

Not only did the principal apologize to Victoria, but she was also allowed to share her donation at a school assembly. You can read more about the Nelson case here.

Whether it’s incidental or deliberate, public schools across the country are increasingly quashing the rights of students to practice their First Amendment rights of free speech and freedom of religion. As demonstrated by these cases, Advocates for Faith & Freedom is committed to protecting these unalienable rights, all across the United States.

Help support Advocates by donating any amount today!

National Day of Prayer

Thursday, May 7th marks the National Day of Prayer, an annual observance held on the first Thursday of May inviting people of all faiths to pray for the nation. It was created in 1952 by a joint resolution of the United States Congress, and signed into law by President Harry S. Truman. Please join us in encouraging friends and family to pray for our country and the challenges it faces.

Fasting and prayer are religious exercises; the enjoining them an act of discipline. Every religious society has a right to determine for itself the time for these exercises, and the objects proper for them, according to their own particular tenets; and right can never be safer than in their hands, where the Constitution has deposited it. – Thomas Jefferson, 1808

 

The following video is brought to you by the National Day of Prayer Task Force.

https://www.youtube.com/watch?v=-C8cSv0q5FE

For more information, visit www.nationaldayofprayer.org.

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