Physician-Assisted Suicide now a Legal Medical Treatment in California

California has joined a dubious list of American states that have now embraced physician-subscribed suicide on its most vulnerable citizens—the terminally ill. Beginning last Thursday, the Golden State became the fifth to allow the practice of prescribing death-inducing medication as a form of medical treatment. According to the End of Life Option Act, patients must have been determined to have six months or less to live and also be able to administer the fatal dose themselves.Assisted Suicide The law went into effect despite valiant bi-partisan opposition to the measure. Several high-profile Democrats joined their conservative counterparts in arguing about the dangers of the proposed bill, blocking it in committee. Not to be deterred, the Legislature’s Democratic leadership—bent on their anti-life agenda—ignored the pleas in their own party, using a tactical approach to resurrect the measure. Once party leaders bypassed their reluctant caucus colleagues, the measure sailed to passage and was signed into law by Gov. Jerry Brown, despite his own misgivings on their backdoor approach. An attempt to overturn the law at the ballot failed to garner enough signatures to qualify for the ballot, paving the way for its implementation.

Although the progressive legislature has succeeded in creating the law, their biggest hurdle may be the medical community itself, as a major provision in the act allows hospitals and physicians to opt out from prescribing the fatal drugs. Although most faith-based hospitals are expected to ban the practice at its facilities, at least one secular facility is also considering opting out of the Act. According to the Los Angeles Times, Huntington Memorial Hospital in Pasadena has asked an ad-hoc committee to review the issue, although doctors are being allowed to prescribe the suicide pills while the policy is under review.

Stethoscope and gavel

At UCLA, Dr. Neil Wenger, director of the university’s Health Ethics Center, told the L.A. Times that he’s developing the campus’ policy but said he will likely not participate because of his personal oath to save lives. “We have always, up till now, been able to say we will never hasten a death,” Wenger told the newspaper. “Suddenly, that bright line is not so bright.”

A new web page has been created to track possible abuses to the law in California and beyond.

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

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

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

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

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

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

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

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

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

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

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

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

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

Press Release 3-17-16

17 Opening Brief_4-26-17

 

School District Appeals Federal Injunction on School Board Prayer

After a California federal judge banned the Chino Valley Unified School District Board of Education from opening their sessions in prayer, the board has decided to appeal the no-prayer ruling. The school district recently retained Tyler & Bursch, LLP to represent it on appeal to the Ninth Circuit. Tyler & Bursch’s services are being provided without charge to the school district. AdvocatesCrowd outside Chino Valley School District with caption for Faith & Freedom is working in association with Tyler & Bursch, LLP to help underwrite the costs of the appeal.

Our appeal to the Ninth Circuit will focus on the issue of whether a school district can continue with the long tradition of allowing a ceremonial prayer at the beginning of school board meetings. The U.S. Supreme Court has recognized that legislative prayers date back to the first Continental Congress and concluded that the well-established tradition of permitting prayer at City Council meetings, Congress, and state legislative sessions does not violate the Establishment Clause. We believe that the Ninth Circuit will agree when presented with this narrow issue of prayer before school board meetings.

This is a precedent setting case as it is the first case to advance to the 9th US Circuit Court of Appeal concerning prayer at the beginning of school board meetings.

The following is the Press Release we sent out today.

School District Appeals Federal Injunction on School Board Prayer

Advocates for Faith & Freedom Press ReleaseMarch 17, 2016   FOR IMMEDIATE RELEASE Contact:  Lori Sanada (951) 304-7583

 

School District Appeals Federal Injunction on School Board Prayer

Chino, CA. Late yesterday, Chino Valley Unified School District filed an appeal to the Ninth Circuit Federal Court of Appeal from an Order of the United States District Court (Central District) that prohibits the school district and its school board members from continuing to allow a ceremonial prayer at the beginning of its school board meetings.

The school board decided to appeal that portion of the federal court’s order that enjoins the school board’s policy because, as the federal court ruled, the policy of allowing a prayers at the school board meetings “constitute unconstitutional government endorsements of religion in violation of Plaintiff’s First Amendment rights.”

“The District’s appeal to the Ninth Circuit will focus on the issue of whether a school district can continue with the long tradition of allowing a ceremonial prayer at the beginning of school board meetings,” said Robert Tyler, Managing Partner of Tyler & Bursch, LLP and attorney for Chino Valley Unified School District. He further stated, “The U.S. Supreme Court has recognized that prayers in Congress date back to the first Continental Congress. The High Court has concluded that the well-established tradition of permitting prayer at beginning of city council meetings, Congress and state legislative sessions does not violate the Establishment Clause. Likewise, the courts should follow the Supreme Court precedent and allow the same to occur at the beginning of school board meetings.”

The school district recently retained the law firm Tyler & Bursch, LLP to represent the school district on appeal to the Ninth Circuit. Tyler & Bursch’s services are being provided without charge to the school district. Advocates for Faith & Freedom is working in association with Tyler & Bursch, LLP to help underwrite the costs of the appeal.

Tyler & Bursch, LLP is a “for profit” law firm that dedicates a portion of its legal work to pro bono representation. Its website is www.tylerbursch.com.

Advocates for Faith & Freedom is a nonprofit public interest organization dedicated to protecting the integrity of the U.S. Constitution in the courts. You can visit its 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 the progress in this case and others.

 

Persecution of Christians Increases 50%

As we remain committed to protecting religious liberties across the country, it is important to remember that there are millions of believers around the globe who face life-threatening persecution on a daily basis. It’s not surprising then, to discover that a record amount of Christians—as many as 7,000—were executed for their faith last year, according to an annual report by Open Doors USA. The number reflects a 50 percent increase over the previous year and the highest number since statistics have been tracked.

The worst culprit on the list was North Korea, where an estimated 70,000 of the nation’s 300,000 Christians are now imprisoned in labor camps. Those still free remain so by hiding their faith, even from family members.Cross down - Monastery in Fog

While North Korea tops the list of the 10 worst countries when it comes to expression of Christianity, the remaining nine are all Muslim countries.

Second on the list was Iraq, where ISIS has systematically targeted Christian believers through genocide and forced conversions. The remaining countries on the Top 10 list are Eritrea, Afghanistan, Syria, Pakistan, Somalia, Sudan, Iran and Libya.

David Curry, President and CEO of Open Doors said the United States must spearhead efforts to bring about change. “As the dominant power in the free world, (the U.S.) must lead the charge in bringing more relief and aid to those suffering.”

Fortunately, the Billy Graham Evangelistic Association is not waiting for the government to act. The global ministry has announced it will hold a summit on religious persecution in Moscow this October in conjunction with the Russian Orthodox Church.

“The World Summit in Defense of Persecuted Christians will shed a global spotlight on this crisis,” said Rev. Franklin Graham during his March 9 announcement. “We will bring delegates from around the world and will be able to join hands with people of other churches and denominations of the Christian faith to pray for our brothers and sisters in Christ and to hear firsthand reports of the suffering that is taking place.”

Job Opportunity at Advocates for Faith & Freedom, along with Tyler & Bursch, LLP

Advocates for Faith & Freedom, along with Tyler & Bursch, LLP, have an open position for an experienced litigation secretary. We are blessed with growth in both our ministry and private practice. If you are interested or know of anyone interested, please have them forward their resume to Joy Lloyd at jlloyd@tylerbursch.com.  The following is a brief job description: The litigation secretary will provide support to our attorneys, clients and staff with regard to civil litigation in both state and federal courts. In addition to civil litigation, the position will provide some assistance to attorneys handling corporate law, business law, asset protection and estate planning. Additionally, the secretary will help manage documentation in an electronic and hard copy filing system, maintain the litigation calendar, track litigation deadlines, arrange client meetings, prepare attorneys for court appearances and help coordinate travel arrangements.  It is imperative that this person be detail oriented and be able to multi-task in an environment that is often fast paced and deadline driven. Finally, you must have the ability to write correspondence without grammar or punctuation errors.

While our practice can have its share of stressful times due to the nature of litigation, it is a blessing to be able to represent and serve numerous ministries, businesses and individuals in a Christian-based environment. If this position is for you, please review our websites at www.faith-freedom.com and www.tylerbursch.com to familiarize yourself with the type of work we do and send your cover letter and resume to Joy Lloyd at jlloyd@tylerbursch.com.

Church Sues for Religious Ban in Wine Country

Church Sues for Religious Ban in Wine Country Temecula, CA. Today, Calvary Chapel Bible Fellowship filed a complaint in federal court against the County of Riverside, California, based on the United States Constitution and the Religious Land Use and Institutionalized Person’s Act of 2000.

Calvary Chapel Bible Fellowship, commonly known as “Calvary Wine Country,” is located in the region of California known as the Temecula Wine Country.

Calvary Wine Country opened its doors in 1996 when churches were once allowed to locate in the 17,900 acre Wine Country region – an area equal to 28 square miles. However, soon after Calvary Wine Country was approved, the County banned churches from the Temecula Wine Country, leaving Calvary Wine Country as a nonconforming use. Now, Calvary’s ability to expand its facilities for its flourishing congregation in the Wine Country is uncertain at best.

Calvary Wine Country plans to remain in the Wine Country and to build a larger sanctuary on its 28 acre adjacent property. However, the County’s zoning ordinances still ban churches and Calvary Wine Country is the only church in the Temecula Wine Country. Meanwhile, the County permits special occasion facilities, wineries, hotels, resorts, restaurants, and many other tourist related uses in the Wine Country.

Pastor Clark Van WickCalvary’s pastor Clark Van Wick said, “It’s a tragedy to see our religious liberty eroded in this country where men and women have fought and died to protect our liberty. It’s un-American to see churches outlawed like we’re seeing here in the neighborhood I’ve lived in for 27 years.”

“This is a classic case for the federal religious land use law that protects churches and requires that zoning authorities treat religious assemblies on equal terms to other nonreligious assemblies,” said Robert Tyler, Managing Partner of Tyler & Bursch, LLP and counsel for Calvary Wine Country. He further commented, “Calvary Wine Country has long desired to just be a good neighbor, to work cooperatively with the County and to provide a place of worship for the thousands of residents that live in the Wine Country.”

Unfortunately, Calvary Wine Country has been the target of litigation by a “loose” organization named Protect Wine Country. Calvary Wine Country has had to fight a neighboring vintner, a special interest group, and other politically influential wineries just to continue its right to exist on its own property.CCBF Church

Robert Tyler commented, “It is ironic that Father Junipero Sera, the ‘Father of California Wine,’ planted the first known vineyard in California at the San Diego Mission de Alcala and vineyards graced the California Missions for many years. Today, however, Riverside County has determined that a church is no longer compatible with vineyards and has banned all religious assemblies from the Temecula Wine Country.”

Calvary Wine Country is represented by Advocates for Faith & Freedom in association with Tyler & Bursch, LLP. Robert Tyler filed one of the first lawsuits under the Religious Land Use and Institutionalized Persons Act of 2000 on behalf of the Elsinore Christian Center located in Lake Elsinore, California. That suit resulted in a successful resolution wherein the City paid more than $1.6 million in settlement. Robert’s firm, Tyler & Bursch, LLP, has become one of the nation’s premier firms for handling religious land use cases on behalf of churches.

A copy of the Complaint can be found here.

Victory for Dream Center Lake Elsinore

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

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

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

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

Victory for this 5th grader and her poem about Jesus!

A public school teacher in Stanislaus County, California, gave a homework assignment to her fifth grade students to write two poems on any subject and turn them in the next day.  Since it was just before the Christmas break, Kali decided to write her two poems about the holiday season.  She wrote one poem about reindeer and another about Jesus. When Kali turned in her assignment the next day, her teacher rejected the poem about Jesus and informed her that she would have to redo her assignment because, “You can’t write about Jesus in school.”  Kali rewrote her poem and then school was out on Christmas break. Sarah Thomas In January, when her parents were getting her ready for the first day back to school after the Christmas break, they found Kali’s Jesus poem crossed out and saw that no credit was given on this assignment.

Her stepfather, Kyle Thomas, called one of our attorneys here at Advocates for Faith & Freedom to inquire about his stepdaughter’s legal right to write about Jesus. After learning from attorney Marty Nicholson that expressing disapproval or hostility toward religion or toward religious viewpoints expressed by students is against the law, Mr. Thomas met with school officials. Knowing that Advocates was ready and willing to represent his daughter’s religious freedoms, Mr. Thomas was able to explain to the school representatives that his daughter’s homework should not have been rejected.

We are happy to report that the school officials agreed and allowed the poem to be recorded for full credit. We’re proud of you Kali! Here is her beautiful poem:

Poem final

We're Outraged...You will be too!

As you know, we asked you to pray for us last week as we sought to obtain an injunction against California’s new Reproductive FACT Act. We’re sorry we have not given you an update as we have been extremely busy litigating the two cases – one in federal court in Oakland, CA and one in state court in Riverside County, CA. As we told you last week, this new law requires licensed pro-life pregnancy counseling centers to post or distribute in their reception areas a telephone number where women can obtain free or low

Newborn resting. Soft focus, Adobe RGB.

cost abortions.

Unfortunately, the courts ruled against the protection of religiously-based speech. Essentially, the courts both ruled that the government has an overriding interest to ensure that all women have access to free and low cost abortions and contraceptives, regardless of the fact that the government is using pro-life Christian organizations to carry its anti-life message.

This is an outrage and we won’t surrender our free speech to a culture of death.

We are appealing both the federal and state court decisions this week and have sought an emergency injunction from the appellate courts to prevent the law from going into effect on January 1.

We know there are a lot of worthy causes and ministries asking you for support right now.  We would appreciate it if you would consider including Advocates for Faith & Freedom in your year-end contributions.

Our firm’s attorneys have contributed thousands of hours in time and energy over the last few years because of our passion to protect your First Amendment liberties.

We have a lot of work to do in the remaining hours of 2015 as we appeal these cases. Meanwhile, we still have to file another brief in the Ninth Circuit in an entirely separate case.

There will be plenty of work to do in 2016 and we need to be prepared. Advocates is 100% donor supported and can only operate with the financial support from people like you. Would you prayerfully consider a gift today of $10, $50, $500 or whatever you can give?

God bless you and thank you for your consideration!

Robert No Background

 

 

Robert Tyler General Counsel

For your convenience, you can click here or if you prefer to mail in a donation, just be sure your donation has a postmark of December 31, 2015 in order to receive credit for this year.  Mail to: Advocates for Faith & Freedom at 24910 Las Brisas Road, Ste. 109, Murrieta, CA  92562.