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 11^th, 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.

The Most Attacked Faith Group?

Two new studies on worldwide religious persecution show that Christians continue to be the most attacked faith group around the globe. According to Fox News, a study by The Center for Studies on New Religions has revealed that 90,000 Christians across the globe were killed for their beliefs last year—with nearly one third of the murders attributed to Islamic extremists. In addition to the traditional hot spots of Iraq and Syria, there have been increased incidents in other Gulf states, including Iran, Pakistan and Saudi Arabia. The study also revealed that an estimated 600 million Christians were prevented from practicing their faith last year alone. “These numbers underscore what we already know,” Robert Nicholson of the Philos Project told Fox News. “There are many places on earth

where being a Christian is the most dangerous thing you can be. Those who think of Christianity as a religion of the powerful need to see that in many places it’s a religion of the powerless. And the powerless deserve to be protected.”

Particularly troubling are numbers from Open Door USA, which reveal that attacks are up in North, Central and South America. In Mexico alone, 23 Christians were killed because of their faith, David Curry, president and CEO of Open Doors USA, said to Fox News. “The spread of persecution has gotten worse, now hitting nearly every continent in the world,” he said.

Even as the increased persecution spreads ever closer to America, President Donald Trump is working to secure our southern border by constructing a new wall to control illegal immigration, while also implementing a temporary moratorium on refugees from seven select Middle East countries. The immigration freeze is an effort to limit the number of radicalized Islamic jihadists entering the U.S. while new screening procedures are developed. Trump’s moves have prompted nationwide protests by activists who allege the president is discriminating against Hispanics and Muslims. While news coverage of the protests dominated the media for days, the issue of Christian persecution has been widely unreported.

Remember to pray for our new President Trump, as well as the millions of Christians across this world facing true persecution.

Outstanding Supreme Court Pick

President Donald Trump has made good on a campaign promise to Evangelical Christians when he announced on Jan. 31^st that Judge Neil Gorsuch is his choice to fill the vacant seat on the U.S. Supreme Court. Many conservative court watchers see Judge Neil Gorsuch, who serves on the 10th U.S. Circuit Court of Appeals, as a solid replacement for the late Antonin Scalia, who died nearly a year ago. One of Gorsuch’s highest profile rulings was in favor of Hobby Lobby, which successfully sued the Obama administration over its birth control mandate for health care coverage.

“I thank God that if confirmed, this administration will have delivered on one of its most critical campaign promises—to appoint a judge in the mold of the late Justice Antonin Scalia who will uphold and defend the Constitution of the United States and the original intent of its framers,” Dr. James Dobson, founder of Focus on the Family, said in a statement.

Southern California pastor, Greg Laurie of Harvest Christian Fellowship, also praised the pick.

“Judge Gorsuch will have big shoes to fill in replacing the late and revered Justice Antonin Scalia,” Laurie said. “As Jefferson so eloquently reminded us, the God who gave us life gave us liberty. So, I pray Judge Gorsuch never forgets to value each and every American as our Maker does.”

The Supreme Court announcement was Trump’s third major pro-life action since his inauguration. During his first week in office, Trump reinstated the Mexico City Policy, which bans federal funding for any foreign non-governmental organization that offers referrals for abortions. The Trump administration also signaled its strong support for human life by sending Vice President Mike Pence to speak at the Jan. 27^th March for Life in Washington D.C. Vice President Pence was the highest ranking federal official to ever attend the annual prolife march.

Prayers for Peace and Unity

With his wife, Melania, by his side, Donald J. Trump stood on the steps of the Lincoln Memorial today less than 24 hours before becoming the 45^th President of the United States. He stood there on the precipice of the past and the future, a symbolic reminder of yet another time of deep division in America. Historically a time of reflection and anticipation, the build up to this transition has, at times, seemed sinister as opponents have fanned their displeasure by vowing to disrupt the festivities with protests, some even calling for violence.

Disappointingly, more than 70 members of Congress have vowed to boycott the official ceremony.

To his credit, President Barack Obama on Wednesday declined to fuel the issue by sidestepping a question on the boycott during the final press conference of his presidency.

“With respect to the inauguration, I’m not going to comment on those issues,” President Obama said. “All I know is I’m going to be there, so is Michelle.”

He went on to say that it was his intention to help foster the “peaceful transfer of power,” AOL News reported.

In his own pre-inauguration interview with FOX’s Ainsley Earnhardt, Trump said his first order of business during his inaugural speech will be to thank all of the former Presidents, including his immediate predecessor, President Barack Obama and first lady Michelle Obama, whom he singled out as being “absolutely nice.”

“They have been so gracious,” Trump told her.

It is our prayer that the next administration will be able to follow in the footsteps of our 16^th President, Abraham Lincoln, who deftly guided this nation through an earlier, turbulent time.

Christian Vindicated! Ninth Circuit Finds Arrest Unlawful by CHP Officer

Pasadena, CA. Today, three federal appellate judges in the Ninth Circuit issued a final ruling in favor of a Christian man, Mark Mackey, who was arrested for reading the Bible aloud in front of the California Department of Motor Vehicles in Hemet, CA in 2011. Read the ruling here. The CHP Officer, Darren Meyers, erroneously cited Mr. Mackey for violating a state law that forbids the interference with an open business through obstruction and intimidation. The Ninth Circuit rebuked the officer’s fabricated claims in his police report:

Upon arrival, Meyer encountered Mackey reading his bible aloud in a dirt patch, neither obstructing nor intimidating anyone in line. Meyer avers that Mackey was “yelling at the people waiting in line,” “that there was obvious verbal confrontation between the group of men and the people standing in line,” and that the “confrontation was heated and nearing a physical state.” 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.

View the video of the arrest. This story was widely covered by Fox News and many other news outlets shortly after the arrest: Fox News Video.

Representing Mr. Mackey, Advocates for Faith & Freedom filed a federal lawsuit for unlawful arrest arguing the officer had no basis or probable cause to arrest Mr. Mackey. Mr. Mackey offered to dismiss his suit if the CHP simply admitted the arrest was unlawful and agreed to properly instruct its officers. The CHP rejected that offer and Mr. Mackey was instead criminally prosecuted in California state court in the County of Riverside.

View our previous press release that outlines the facts and charges.

However, Mr. Mackey prevailed in the criminal prosecution and was found not guilty of the charges. Thereafter, Mr. Mackey’s federal case continued ending up in the Ninth Circuit Federal Court of Appeal.

Robert Tyler, who argued in the Ninth Circuit on behalf of Mr. Mackey, stated, “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. It appears to me that the arrest and prosecution of my client was politically motivated because they did not agree with my client’s speech. But that is exactly why our founders created the First Amendment – to protect even disagreeable speech. Today’s decision renews my hope in the justice system.”

Mark Mackey stated, “Justice still prevails. I am excited that our country is going in the right direction.”

Co-counsel and volunteer criminal defense attorney Nic Cocis commented, “It is refreshing to know that our system still works. The video evidence clearly contradicted the claims of the officer, but it took our appeal to the Ninth Circuit before justice could be realized. The officer and the CHP should be held accountable for their disregard of constitutional liberties.”

NINTH CIRCUIT COURT OF APPEALS, Case No. 15-55186

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.

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Update on "Bibles for Belize"

We have been asked to extend our advocacy for faith to the military personnel in the Central American country of Belize. A close friend of mine, John Gotz, serves as a missionary in Belize and as a military chaplain to the Belize Defense Force of approximately 3,000 troops. The country’s leading General has requested that John acquire 5,000 Bibles to deliver to each member of the military! Would you please participate in this outreach by generously donating to Advocates so that we can purchase the Bibles and advocate for our Christian faith internationally? The Bibles will probably cost us approximately $15,000 and we have raised approximately $10,000 so far. I plan to personally deliver the Bibles to the Belize military with John after we raise the remaining money to buy the Bibles. We will have the opportunity to hold Bible studies for many of the troops.

You can designate a specific gift by referencing “Bibles for Belize.” Thank you for your prayer and generosity.  We won’t be able to do this without your generous partnership!

Three of our Cases Pending in the Ninth Circuit

Is reading the Bible aloud in public “illegal?” You may recall that in 2013, we defended two men who were arrested by a CHP officer because they were reading the Bible aloud in a DMV parking lot. The men were arrested for “obstructing or intimidating persons there to transact business” with the DMV. The District Attorney’s Office prosecuted our clients for a misdemeanor. However, we were victorious at trial and  our  clients were  found to be  innocent  of  the charges.

This entire case was based on two police reports written by the arresting CHP officer who fabricated events to justify the arrest. Thankfully, video recordings provide the truth. We offered the CHP the opportunity to avoid a federal lawsuit by admitting the arrest was unlawful and agreeing to properly instruct its officers. We filed a federal lawsuit for unlawful arrest in federal court after the CHP rejected our proposal. The federal district judge ignored the video evidence and ruled for the CHP. We then filed an appeal to the Ninth Circuit Federal Court of Appeal.

We appeared for oral arguments in the Ninth Circuit before a three-judge panel on December 9, 2016. The decision from the Ninth Circuit should come sometime next year. Please pray for God’s divine wisdom and guidance as we proceed in this case.

Is it “illegal” to allow invocations at school board meetings?

The Freedom From Religion Foundation is aggressively pushing its agenda. They sued the Chino Valley Unified School District because it allowed a pastor or religious leader to open each school board meeting with an invocation. After a federal district court judge declared the invocations to be unconstitutional, the School District asked us to appeal their case to the Ninth Circuit and to  take  over their  defense.

The so-called “separation of church and state” does not  exist  in the  Constitution,  but has been used in an  attempt to eliminate all influence of a Christian worldview in our government.  We will defend the school district all the way to the U.S. Supreme Court if needed so that our leaders can properly begin their meetings with reverence for God and recognize their moral responsibility in government.

The outcome of this case will impact the judiciary nationally and will likely be binding on all of the nine states under the Ninth Circuit’s jurisdiction and more than 60,000,000  residents.  Prayers have been offered at the beginning of legislative meetings since the founding of our country. The U.S. Supreme Court has upheld the practice in state legislative meetings and city council meetings. 

Is  it “legal” to force all Christian pregnancy counseling centers to give abortion referrals?

This is precisely the question we were asked by our client, Pastor Scott Scharpen, the president  of Go Mobile for Life—a nonprofit crisis pregnancy counseling center that operates a mobile medical clinic providing free ultrasounds.

The State of California recently enacted a new law that requires pregnancy counseling centers to give their clients a notice that “California has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care, and abortion for eligible women.” The notice must also include the phone number to the county social services office where abortion information can be obtained. The abortion notice must be posted in a conspicuous place within the waiting room or personally delivered to each patient.

Although there are some exemptions to the law, they appear to apply to Planned Parenthood and other abortion providers, but there is no exemption for religiously-based counseling centers.

We partnered with our friends at American Center for Law and Justice and filed a lawsuit on behalf of Go Mobile for Life in California state court where we are presently in active litigation and conducting depositions. We also filed a federal lawsuit on behalf of Livingwell Medical Clinic in northern California. After the initial three-judge panel in the Ninth Circuit denied our request for a preliminary injunction, we filed a petition “en banc” wherein we are requesting all of the judges in the Ninth Circuit to vote on whether an eleven-judge panel should be appointed to rehear the case.

As you can see, we are extremely busy preparing and strategizing on these three cases, as well as many others. We certainly appreciate your prayers and any contributions you can offer to assist us as we take a stand in the courts.

Orange County Board Now Facing Prayer Challenge

  The Freedom from Religion Foundation, which is suing our client, Chino Valley Unified School District, over CVUSD’s prayer invocation policy, is expanding its intimidation campaign by setting its sights on another Southern California school board. The anti-religion FFRF has now sent a cease-and-desist letter to the Orange County Board of Education demanding it stop similar prayers before its meetings. It is also insisting that the governing body remove the phrase “In God We Trust” from the wall behind its official dais.

According to the Orange County Register, the letter was sent to the governing board late this summer, and several members of the public expressed their concerns about the practice during meetings earlier this fall. On Nov. 16, however, dozens of local residents urged the board to continue with its prayer policy. In the article, reporter Roxana Kopetman referred to our case and quoted Robert Tyler, founding partner for Tyler & Bursch, LLP and Advocates for Faith & Freedom.

“We’re fighting for the invocations,” the article quoted Robert as saying. “It’s something that’s been going on since the founding of our country.”

Our case is now before the 9^th U.S. Circuit Court of Appeals after a lower court sided with FFRF. After losing at the trial court level, Chino Valley hired Tyler & Bursch to represent them during the appeal, which is expected to be heard late next year. Advocates for Faith & Freedom is helping to underwrite the costs with the Tyler & Bursch legal team.

We are confident that we will prevail with the appeal since the U.S. Supreme Court—in the 2014 case Town of Greece v. Galloway—sanctioned the practice of public prayer as long as municipalities use a nondiscriminatory process in selecting the volunteers who offer the prayers. The Orange County policy allows any faith group to pray and randomly selects who will offer the invocation.

In the meantime, we have offered our expertise in representing the Orange County Board of Education in any litigation it may face over its invocation policy. As always, Advocates for Faith & Freedom offers these services pro bono. We appreciate the financial support from friends like you who help make it possible for us to fight these court battles. Thank you!

School District Stands Up to Atheists

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

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

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

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

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

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

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

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

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

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

State to Squelch Undercover Reporting

In the wake of last year’s release of undercover videos depicting Planned Parenthood officials brokering in baby parts (including custom orders for specific parts), at least six states have yanked public funding for the nation’s largest abortion mill. California’s response? Punish the messenger.

Despite existing laws banning recordings without the permission of all parties, Assemblyman Jimmy Gomez (D-Los Angeles) has introduced AB 1671, which provides additional protections for healthcare

providers by making it illegal to distribute videos or transcripts of private conversations on any medical-related topic, not just a patient’s medical history. That means investigative reporters and researchers would be stripped of a vital tool in depicting unethical or illegal behavior such as billing practices and price setting for pharmaceuticals, to name a few.

The bill, which is now on its way to Gov. Jerry Brown’s desk, is opposed by the media outlets across the state, including the Los Angeles Times, which said that it would “disincentivize potential whistleblowers from recording malfeasance when they witness it.”

It is interesting to note that the left never seems to complain about such undercover recordings when it comes to disclosing the treatment of cows, pigs and chickens during the manufacturing process, but the gruesome treatment of babies is off limits.

Contact the governor about this bill by clicking here. To read more about this bill, click here.

UPDATE ON SB 1146

Bowing to intense pressure, state Senator Ricardo Lara (D-Long Beach) removed the last objectionable content language in his bill targeting the religious beliefs of Christian colleges. A discriminatory provision requiring all faith-based institutions to report to the state the reason for expelling any students has been dropped. The bill is now on its way to the governor.