We won again! And I have a riveting story that underlies this significant case that thwarted the abortion industry. I hope you will read through this inspiring newsletter. Read More
Yesterday, in Riverside County Superior Court, Judge Gloria Trask granted an injunction against the California State Attorney General and he is now prevented Read More
and uphold you;
he will never allow the righteous to be shaken.” Psalm 55:22 AMPYour Prayers Made All The Difference!
On Wednesday, October 18, Advocates for Faith & Freedom attorneys, Bob Tyler and Nada Higuera, gave their final arguments on the Scharpen Foundation case, challenging the California law 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.
Judge Gloria Trask assured us she will issue her ruling by November 21 and we will let you know as soon as we hear. This will be Judge Trask’s last case, as following a 40-year career, she will be retiring.
We were grateful for the many pro-life supporters who filled the courtroom seats in theRiverside County Superior Court, including such well-behaved children, they even received a compliment from the judge!
And thank you to our faithful supporters at home! From the final preparations to the start of the hearing, to the closing arguments, your prayers made all the difference!
Your tax-deductible donations are what allows us to continue to fight these important cases!
Not until the Church United Awakening tour in Washington DC, did two neighboring pastors – Bob Branch of The Springs Community Church in Temecula and Scott Scharpen of The Scharpen Foundation in Wildomar – even know each other existed. Then, by God’s providence, they were selected to be roommates and a lasting and meaningful friendship began.
Inspired by the events of the trip, Pastor Bob was determined to get out of his comfort zone and speak up about the “uncomfortable” topics in our culture, Read More
You may recall we are representing the Scharpen Foundation in challenging AB775 the Reproductive FACT Act where we filed a lawsuit in both federal and state courts. The California statute requires pro-life pregnancy centers that are Christian-based in just about all cases, to provide women the contact information for where they can get free and low- cost abortions.
After arguing for three hours in the Superior Court in Riverside County on April 6, 2017, the California State Attorney General’s motion to dismiss our case was just denied this last week!
According to the judge, this law “forces the clinic to point the way to the abortion clinic.”
In her ruling, Judge Gloria Trask wrote that “the required notification is compelled speech which on its face violates freedom of speech protected by Article 1, Section 2 of the California Constitution.”
With funding raised by Advocates for Faith & Freedom, Tyler & Bursch’s lawyers strategically filed the lawsuit in state court because the California State Constitution is supposed to provide greater free speech protection than the First Amendment.
Ms. Nada Higuera, our staff attorney who argued the case, said that “Judge Trask explains that because free speech is involved under the State Constitution, the Court must strictly scrutinize whether the legislation is lawful. After scrutinizing the law, the judge agreed with our analysis that the law is an unconstitutional violation of free speech.”
Freedom of expression on public issues should be protected at the highest level. Therefore, this law should be analyzed using strict scrutiny. The ruling warned that the state’s “ability to impress free citizens into State service in this political dispute cannot be absolute; it must be limited.”
In her ruling, the judge explained that this state-compelled speech “is not merely the transmittal of neutral information.” She agreed with our attorneys that this is not just calorie counting or a health hazard warning on smoking tobacco or drinking alcohol. This issue – which is “contentious and raises issues that are religious, cultural, political and legal” – is about the more than four decades-long dispute over abortion.
The Reproductive FACT Act compels the clinic to “speak words with which it profoundly disagrees” and “places too heavy a burden upon the liberty of free thought.”
Given the language in the ruling, Tyler & Bursch’s General Counsel Robert Tyler is confident that “while this ruling is not the final judgment, this interim ruling foreshadows what will be the judge’s final decision. She makes her opinion known that the law is unconstitutional.”
Our next hearing is set for July 21, 2017, where the court will give direction on how our case should proceed – whether the case will actually have a trial or whether it should be simply decided by briefing.
Concurrently, we also represent Livingwell Medical Clinic in federal court. This statute was previously upheld in that case as not violating the First Amendment to the U.S. Constitution before a three-judge panel in the Ninth Circuit. That case is pending a determination from the U.S. Supreme Court as to whether the High Court will take up our case. Our two-front strategy gives us the ability to win in either federal or state court.
Although it appears that victory is at hand in state court, we would not be able to do any of this without the generous financial support from friends like you. Won’t you please consider donating just $25, $100, $200 or more so we can continue fighting for religious liberties in the courts?
While Advocates for Faith & Freedom depends on our supporters for the funds to fight these important cases, we first and foremost thank you for your continued prayers.
Thank you for your faithful prayers and your donations!
Thirteen years ago, four Christians sat themselves around a wooden table seeking God’s direction on how to stop the scourge of abortion around the globe Read More
We’ve found yet another issue in our favor that the secular, main stream media does not want report: Read More
In his first major pro-life action in office, on January 23, 2017, President Trump signed an executive order barring federal funds from organizations that promote abortion Read More