Fighting for Pro-life in Superior Court Today

We would like to thank you for your prayers this morning! Today we were in court for 3 hours arguing against the new California state law that requires Christian-based crisis pregnancy counseling centers to provide a notice to the young women they serve—advising the women that free and low cost abortions are available. And the notice must include a phone number to a county agency that will refer the women for an abortion. We represent the Scharpen Foundation which runs one of the pro-life counseling clinics in Riverside County.

We had a very positive hearing in the Superior Court for the County of Riverside, California. The California Attorney General filed a motion asking the court to dismiss our case. We argued that we have developed sufficient facts to prove that the new law, known as the Reproductive Fact Act, intentionally discriminates against pro-life pregnancy counseling centers.

After dozens and dozens of hours of research, we have been able to uncover evidence that the new law targets these pro-life ministries. The Reproductive Fact Act essentially exempts all for-profit licensed clinics that provide medical care. The law also exempts all other licensed clinics that provide comprehensive women’s medical care—i.e. abortions. What’s left are approximately 92 licensed non-profit clinics. Approximately 82 of these are pro-life and the other 10 clinics do not provide abortions. This evidence is revealing. After exempting thousands of clinics, the law only applies to 92 clinics, including all of the 82 pro-life clinics in California. This took a lot of work, but our attorneys figured it out. Attorneys Nada Higuera and Christine Torres did a great job uncovering this evidence!

Please pray for our judge in Riverside County Superior Court. If she denies the request by the Attorney General, then we will have the opportunity to present this evidence in a full trial on the merits to prove discrimination statewide based on a clinic’s pro-life position. The judge will soon be issuing a written decision.

Meanwhile, we are also waiting on the U.S. Supreme Court to decide whether the High Court will accept our federal case for review. We have two different legal strategies ongoing.

Please continue to pray. We are in the thick of this battle—among others! If you have the ability to donate today, we could really use your financial support as well. Thank you!

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

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

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

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

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

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

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

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

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

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

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

Pro-Abortion License Plates on the Horizon

California may soon have thousands of rolling “billboards” supporting abortion, thanks to proposed legislation that would authorize automobile license plates promoting a woman’s right to choose. Senate Bill 309, authored by Santa Barbara Democrat Hanna-Beth Jackson, would also serve as a fundraising vehicle for abortion providers such as Planned Parenthood. The bill is sponsored by NARAL Pro-Choice California, which is also pushing several other pro-abortion bills this year. In proposing the measure, Jackson took a swipe at President Donald Trump and the Republican majority in Congress, saying their attempts to cut federal funding for to reproductive health care services is what propelled her effort.

“We will not stand idly by and let this happen,” Jackson said, adding, “This license plate represents one way that we can demonstrate that we will stay true to our values and the right of every woman to safe, affordable and quality reproductive health care.

The initial cost for the “California Trusts Women” plates would be $50, but at least 7,500 of them would have to be ordered in advance before manufacturing could begin. The annual renewal fee for the plates would be $40. The plate’s design would be determined through a contest among Golden State artists.

According to a Los Angeles Times opinion piece, the phrase “Trust Women” is a nod to late-term abortion doctor George Tiller. The Kansas doctor was killed by an extremist in 2009 and has become a hero for many abortion supporters.

Not surprisingly, California is NOT among the 29 states that offer Choose Life license plates. Additionally, groups in 16 other states are working to get similar pro-life plates approved. In fact, California is one of only five states in which there is no active effort for the pro-life specialty plates.

Planned Parenthood Funding on the Chopping Block

The pendulum finally appears to be swinging. After Obamacare forced all employers in the United States, including Christian-owned businesses and non-profits, to offer and pay for abortions, the new GOP proposal to replace it would strip all federal funding for abortions (there are limited exceptions when it involves saving the life of the mother or in instances of rape or incest). The GOP’s American Health Care Act would also ban federal subsidies for any health care plan that covers abortion. The Republican plan is a serious blow to Planned Parenthood, which accounts for at least one-third of all abortions in America. “As long as Planned Parenthood continues to perform abortions, and especially as long as abortion is their core business, they should not receive the hard-earned money of American taxpayers,” said Dr. Grazie Pozo Christie, a policy adviser for The Catholic Association,  after the new GOP proposal was unveiled on March 7.

Planned Parenthood receives half a billion in taxpayer dollars annually and performs more than 300,000 abortions each year. While officials with Planned Parenthood maintain abortions are already exempt from federal funding and only account for 3 percent of its services, the practice is clearly a cash cow for the organization. Predictably, Planned Parenthood officials are not happy, claiming that such cuts would deprive women of vital health services, such as mammograms. The truth, though, is the organization has never offered the cancer screenings, but instead refers patients to outside sources for such preventive care.

What is not being reported in the mainstream media is that many of those who support defunding Planned Parenthood are also calling on the federal government to redirect those funds to community health organizations that do not perform abortions. That means that federal funding for women’s health would not evaporate, despite what abortion supporters are lamenting. The money would just be shifted to organizations that are not committed to the death industry.

The plan still faces a fight in Congress, where at least two Republican Senators and one GOP Representative have said they would not support any change in Obamacare that includes defunding of women’s health services. Stay tuned!

Prolife Community Loses an Icon

America’s prolife community is mourning the death of Norma McCorvey, the Roe v. Wade plaintiff who later turned the tables to become staunchly prolife. The about-face came in 1995 with her dramatic conversion to Christianity, and later Catholicism. She died Feb. 18 after a long illness. She was 69. Her family said in a statement that she was dedicated to undoing the abortion ruling. “Though she was the Jane Roe of Roe vs. Wade, she worked hard for the day when that decision would be reversed … Mom suffered much during her life, but we are grateful to God that she took His hand, found His peace, and now has that peace in its fullness.”

Norma was just 22 and vulnerable when her quest to abort her child led to the landmark Roe v. Wade case. Throughout the case she 

remained an anonymous figure as her attorneys manipulated McCorvey’s plight in their determined push for abortion. In fact, she learned about the historic decision not through her attorneys, but by reading it in the newspaper. One national magazine labeled McCorvey a “mascot” for the abortion movement. A decade after the ruling, she went public with her identity and often shared the stage with some of the nation’s most famous abortion proponents.

While working at a Dallas clinic, she befriended one of the prolife protesters, an evangelical pastor, and converted to Christianity. In 2005 she unsuccessfully petitioned the U.S. Supreme Court to overturn Roe v. Wade and later that same year testified before Congress, saying that she had been used and abused by the court system.

“She was victimized and exploited by abortion ideologues when she was a young woman but she came to be genuinely sorry that a decision named for her has led to the deaths of more than 58 million children,” Father Frank Pavone, National Director of Priests for Life, said in a statement after McCorvey’s passing.

Norma’s conversion, and its subsequent fruit, symbolizes the enormous impact a single life—one dedicated to and redeemed by Christ—can bring.

In him we have redemption through his blood, the forgiveness of sins, in accordance with the riches of God’s grace. Ephesians 1:7 (NIV)

Religious Liberty Conference in Zambia

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

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

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

In His Service,

Robert Tyler President and General Counsel

“The church must be reminded that it is not the master or the servant of the state, but rather the conscience of the state. It must be the guide and the critic of the state, and never its tool. If the church does not recapture its prophetic zeal, it will become an irrelevant social club without moral or spiritual authority.” Dr. Martin Luther King

Christian Vindicated - WIN in the Ninth Circuit!

I have great news to share with you regarding a case that many of you have followed and supported for many years! On January 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.