Yesterday, in Riverside County Superior Court, Judge Gloria Trask granted an injunction against the California State Attorney General and he is now prevented from enforcing the Reproductive FACT Act. Click to see our Press Release. In the clearly ideological vote that completely ignored freedom and liberty, the Democrat-controlled California state legislature’s passing of AB 757, known as the Reproductive FACT Act, infringed on its own citizens’ free speech by compelling speech.
Our lawsuit was filed on behalf of the Scharpen Foundation challenging the California law that requires pro-life pregnancy centers to provide their patients with contact information for local abortion clinics. In its decision, the Court found that “the Reproductive FACT Act violates Article I, Section 2 of the California Constitution.”
Judge Gloria Trask explained, “Here, the State commands clinics to post specific directions for whom to contact to obtain an abortion. It forces the clinic to point the way to the abortion clinic and can leave patients with the belief they were referred to an abortion provider by that clinic…. In Scharpen’s case that would be inaccurate, profoundly inaccurate.” “Compelled speech must be subject to reasonable limitation,” continued Judge Trask. “The statute compels the clinic to speak words with which it profoundly disagrees when the state has numerous alternative methods of publishing its message…. In this case, however virtuous the State’s ends, they do not justify its means.” “We are thrilled with Judge Trask’s ruling, which is a huge victory for free speech,” said Scott Scharpen, founder and president of The Scharpen Foundation, which operates the Go Mobile For Life pregnancy clinic. He added, “The whole notion of being compelled to share information with our patients about abortion availability, which is contrary to our mission and purpose, is fundamentally wrong. Lives will be saved because of this ruling.”
With funding raised by Advocates for Faith & Freedom, Tyler & Bursch’s lawyers strategically filed the lawsuit in state court because the California State Constitution provides greater free speech protection than the First Amendment.
Tyler & Bursch, LLP attorney Robert Tyler lauded, “It is a great day in California because we know that freedom of speech is still a protected constitutional right. Judge Trask is absolutely correct that the State can’t force a pro-life clinic to advertise abortions on behalf of the State and its abortion mills.” He continued, “If the State Attorney General appeals, we will continue to defend our client’s pro-life speech all the way to the U.S. Supreme Court.”
Many of us are not aware that the Preamble of the California Constitution states, "We, the People of the State of California, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution."
In an irony that only God could have conceived, Nada Higuera, the attorney who argued the case, discovered she 
was pregnant with her first child when she initially pleaded this pro-life case. She gave birth to her baby girl just a month before her convincing final arguments were heard by the judge.
“As a young female and defender of speech, I am thrilled to know that our work is not in vain, said Higuera. I’ve regrettably had an abortion. And I’ve just recently experienced the incomparable joy of having a baby. I wish I would have had the opportunity to visit a pro-life clinic when I was just 16 years old and contemplating an abortion.
Yesterday’s ruling established that “[C]ompelled speech of a political or cultural nature is not the tool of a free government.” Essentially, “The legislature may not use the wall of the physician’s office as a billboard to advertise the availability of low cost abortions….”
The ruling provides injunctive relief statewide and prevents the law from being enforced effective immediately.
Along with the American Center for Law & Justice, Tyler & Bursch, LLP also represents Livingwell Medical Clinic in a concurrent case in federal court. We are awaiting a decision in November from the U.S. Supreme Court as to whether the High Court will take the case. Our two-front strategy has given us the ability to win in either federal or state court...or, God willing, both.
We are grateful to God for the wisdom of the words written in our state constitution! We also thank you for your faithful prayers and your tax-deductible donations which allow our Advocates attorneys to continue their pro bono work defending life and liberty in the courts!
High School student Chad Farnan “stood up for Jesus” against his teacher and the entire Capistrano Valley Unified School District! In 2007, Chad exposed his teacher’s frequent hostility in the classroom towards religion and in particular, Christianity—once telling his students that, “When you put on your Jesus glasses, you can’t see the truth.” With the help of Advocates’ attorneys, in the first case of this type, a Federal Court initially found that some of the teacher’s comments of violated the Establishment Clause!
In 2008, Superior Court employee Mindy Barlow and her group’s six-year-long, lunch-time Bible study meetings were suddenly no longer allowed, while other groups were still permitted, so she contacted Advocates to file a complaint on her behalf. Ms. Barlow “just wanted the judicial system to… apply the freedoms guaranteed in the Constitution.” The Superior Court’s Administration agreed to settle, permitting Ms. Barlow and the Bible study group to resume their access to the free exercise of religion in the courthouse facilities!
Little Isaiah Martinez was not allowed to share a Christmas legend with his classmates about a candy-maker who created candy canes to symbolize the life of Jesus Christ. His West Covina school teacher told him, “Jesus isn’t allowed in school.” After we filed a Federal Lawsuit, the School District agreed to craft a new district policy that accommodates religious liberties at all of its campuses!
teacher interrupted with, “Stop right there! Go take your seat!” She later explained, in front of the entire class, that talking about the Bible or sharing its verses was not allowed in school. After receiving Advocates for Faith & Freedom’s demand letter, asking for an apology, the School District agreed to allow Brynn to complete her speech in her class and provide First Amendment training to its staff!
that requires pro-life clinics to advertise for abortion clinics.Your prayers were felt as attorney Higuera, who just gave birth to a healthy daughter last month, presented a well-researched and convincing case that we are optimistic resonated with the judge.
Congresswoman Marsha Blackburn
and their families.
With 33 year old Thomas Jefferson as the principal author, our Founding Fathers began with the words, “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America”.
Just think about the incredible amount of courage it must have taken for these men to publicly sign their names to not only the U.S. Constitution, but to the Declaration of Independence, whose final sentence is an oath among the signers, to “mutually pledge to each other our Lives, our Fortunes, and our Sacred Honor.”
told me that over several decades, countless books, many of them historical works celebrating our religious history, have simply disappeared from the General Collection - the library’s primary public access area. They are typically labeled either missing in inventory or charged to the Rare Book Collection and stored in a special vault.
me, “There has been a Library of Congress onslaught on removing the nation's true historic origins, hence, identity, from public view.”
cultural influences.
There is no dispute that this weekend’s protest in Charlottesville was led by a hateful fringe group of helmet-clad, white- supremacists whose goal was to preserve the statue of a general who led the battle against the U.S. Army in order to defend slavery. It is also pretty clear that they had an expectation and possible intent of violence. Yet blame for the escalation of violence can be assigned to all sides.
worth this amount of national anguish?
in The Springs church parking lot and invited the congregation to tour the facilities. What an impact it had on all who experienced this life affirming ministry, especially Pastor Bob!
ak for him.
As with Nehemiah, forging this new ground for something bigger than ourselves is difficult. But, this is how God has chosen to get his purpose advanced: through people like you and me, who at one point did not have a voice, and then, did! Nehemiah cared, prayed, went for the ask, and followed through. He went back to Jerusalem, rebuilt the walls, united his people, and worked as God’s change agent.