Next Tuesday, Brad Dacus from Pacific Justice Institute on FOT: Middle school sex posters, gay therapy ban, and bible banned from school free time

Our old friend, Brad Dacus, founder and president of the Pacific Justice Institute, will be our guest next Tuesday on Faith On Trial.  Topics will include his reaction to a middle school sex poster (see story below); updates on the gay therapy ban litigation; and a case from

Brad Dacus

Michigan where an autistic boy was told he could not bring his bible to school to read in his free time, yet his sister is given a handout about wine helping dad make mom happy.

The Pacific Justice Institute has a network of attorneys who defend religious liberty and parental rights.  Brad can be heard weekly on “The Dacus Report” on radio stations across the country and has been a guest speaker on numerous radio and television programs and has appeared on America Live, CBS Evening News, CNN, Dateline NBC, Good Morning America, MSNBC, NBC News, News Talk TV, The Today Show, and many times on the O'Reilly Factor.

Join host Deacon Mike Manno along with his co-host Gina Noll Tuesday morning at 9 a.m. (Central) on Iowa Catholic Radio 1150 AM, 88.5 & 94.5 FM and streaming live on IowaCatholicRadio.com.  Re-broadcast at 9 p.m.

Don’t forget to “Like” us on Facebook and follow us on Twitter @FaithOnTrial.

Middle school sexual expressions poster under review

While middle school tends to be a time of discovery, one Kansas school took that discovery too far. Mark Ellis, the father of a student at Hocker Grove Middle School in Shawnee, was surprised to learn of a poster in his daughter's class that covered a variety of sexual acts.

"It upsets me," said Ellis. "You know this had to pass through enough hands that someone should have said, 'Wait a minute, these are 13-year-old kids, we do not need to be this in-depth with this sexual education type of program,'" he continued.

After this story hit the news, the Shawnee Mission School District Superintendent, Dr. Jim Hinson, told parents that the poster and curriculum it belonged to were placed under review. Another district official stated that the poster is part of curriculum that aligns with national standards and is in use by the rest of the district.

Pacific Justice Institute now represents Mr. Ellis in this matter. PJI sent a letter to the district requesting—under state and federal law—to allow him to review the curriculum and corresponding materials.

"We are here to protect the rights of both students and parents," said Brad Dacus, President of PJI and a frequent guest on Faith On Trial. "When it comes to sexuality, we can't control what kids talk about at school. But as parents we can control what the school teaches our children from an authoritative position. This material was both inappropriate and offensive."

Democrats to Christians: we don’t care about your religious beliefs

Nineteen Democratic senators have filed an amicus brief with the Supreme Court siding with President Obama against the craft chain Hobby Lobby.  The Christian owners of Hobby Lobby have sued the government over the Obama Administration’s HHS Mandate which requires them to provide birth control and abortion causing drugs free of charge to their employees.  Hobby Lobby claims that this is against its owners’ religious beliefs. The case is now pending before the U. S. Supreme Court.

The senators who believe that the government can trump conscience rights are: The other senators who signed the brief are: Max Baucus (D-Mont.), Barbara Boxer (D-Calif.), Sherrod Brown (D-Ohio), Maria Cantwell (D-Wash.), Benjamin Cardin (D-Md.), Richard Durbin (D-Ill.), Dianne Feinstein (D-Calif.), Tom Harkin (D-Iowa), Tim Johnson (D-SD), Patrick Leahy (D-Vt.), Carl Levin (D-Mich.), Ed Markey (D-Mass.), Robert Menendez (D-NJ), Barbara Mikulsi (D-Md.), Patty Murry (D-Wash.), Harry Reid (D-Nev.), Bernie Sanders (D-Vt.), Chuck Schumer (D-NY) and Ron Wyden (D-Ore.).

This week on Faith on Trial: End of life issues with Tom Moreland

Tom Moreland, founder and CEO of St. Jude Hospice will be our guest to discuss recent end of life issues that have been in the courts recently.  Tom utilizes the ethical directives of the Catholic Church to ensure that all have dignity and a place to be cared for until God calls them home.   

Tom Moreland

He currently is pursuing his Master of Theology with a concentration in bioethics from Holy Apostles Seminary. He is certified in Catholic bioethics by the National Catholic Bioethics Center and as a Higher Ground Leadership Pathfinder. Tom is a Knight of Magisterial Grace and Regional Hospitaller with the Order of Malta, a Catholic religious order dedicated to defending the faith and serving the poor and the sick around the world. He is a member of Legatus, cofounder of the Des Moines Catholic Medical Association Guild, Knight of Columbus, Board member for Catholic Charities of the Diocese of Des Moines and a member of the Bishops Council. He is currently serving on the National Association of Homecare & Hospice Board of Directors as a representative for region seven, which includes Iowa, Nebraska, Kansas and Missouri, and is a member of the board's executive committee.

Join Deacon Mike Manno and co-host Gina Noll Tuesday morning at 9 (Central) on Iowa Catholic Radio 1150 AM, 88.5 & 94.5 FM and streaming live on IowaCatholicRadio.com for a discussion of recent end of life cases as well as other legal news of interest to men and women of faith. Don’t forget to “Like” us on Facebook and follow us on Twitter (@FaithOnTrial).

Supreme Court sides with Little Sisters over Big Brother

The Little Sisters of the Poor today (Friday) received an injunction from the Supreme Court protecting them from the controversial HHS mandate while their case is before the Tenth Circuit Court of Appeals.  The injunction means that the Little Sisters will not be forced to sign and deliver the controversial government forms authorizing and instructing their benefits administrator to provide contraceptives, sterilization, and drugs and devices that may cause early abortions. The Court’s order also provides protection to more than 400 other Catholic organizations that receive health benefits through the same Catholic benefits provider, Christian Brothers.

“We are delighted that the Supreme Court has issued this order protecting the Little Sisters,” said Mark Rienzi, Senior Counsel for the Becket Fund.  “The government has lots of ways to deliver contraceptives to people–it doesn’t need to force nuns to participate.”

To receive protection, the Supreme Court said that the Little Sisters and other organizations that receive benefits through Christian Brothers must simply inform HHS of their religious identity and objections. The Court said that the Little Sisters did not have to sign or deliver the controversial government forms that authorize and direct their benefits administrator to provide the objectionable drugs and devices.

The order was issued by the entire Supreme Court. Justice Sonia Sotomayor, who is the Justice assigned for emergency applications from the Tenth Circuit Court of Appeals, had previously issued a temporary injunction to allow the court time to consider the Little Sisters’ emergency appeal, filed on New Years’ Eve.

Prior to the order, injunctions had been awarded in 18 of the 19 similar cases in which relief had been requested.

“Virtually every other party who asked for protection from the mandate has been given it,” said Rienzi.  “It made no sense for the Little Sisters to be singled out for fines and punishment before they could even finish their suit.”

The Little Sisters are joined in the lawsuit by religious health benefit providers, Christian Brothers Services, Christian Brothers Employee Benefits Trust.  The lawsuit is a class action on behalf of all the non-exempt organizations that receive benefits through Christian Brothers. The Plaintiffs are also represented by Locke Lord, a national law firm, and by Kevin Walsh, a law professor at the University of Richmond.

To date, there are currently 91 lawsuits challenging the unconstitutional HHS mandate.

Priests for Life's challenge to the Obamacare HHS Mandate heads to Supreme Court

Yesterday, the American Freedom Law Center (AFLC) filed a “Petition for Writ of Certiorari” in the U.S. Supreme Court, asking the Court to grant review of its case challenging the Obamacare HHS mandate on behalf of Priests for Life, a nonprofit, Catholic organization; Father Frank Pavone, the National Director of Priests for Life; Dr. Alveda King, the niece of

Fr. Frank Pavone

civil rights leader Martin Luther King, Jr. and the Pastoral Associate and Director of African-American Outreach for Priests for Life; and Janet Morana, the Executive Director of Priests for Life. 

The HHS Mandate requires employers, such as Priests for Life, to provide free contraception and abortion producing drugs to its employees. The petition specifically asks the Court to decide whether the challenged mandate as applied against non-exempt, nonprofit religious employers violates the Religious Freedom Restoration Act.

On December 19, Federal Judge Emmett G. Sullivan, sitting in the U.S. District Court for the District of Columbia, upheld the government’s enforcement of the mandate as applied against Priests for Life.  Within an hour, AFLC filed an immediate appeal of the ruling to the U.S. Court of Appeals for the D.C. Circuit, and within 24 hours, filed an emergency motion asking the court to halt the mandate pending appeal.  On December 31, a three-judge panel of the D.C. Circuit granted the injunction.

Robert Muise

AFLC is now asking the U.S. Supreme Court to take up the case pursuant to a special Supreme Court rule, which allows review of a case pending in a U.S. appellate court before judgment is entered in that court if “the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court.”

Robert Muise, Co-Founder and Senior Counsel of AFLC, and a former guest on Faith on Trial, commented: “There is little doubt that the question of whether Obama’s unconscionable mandate violates the free exercise rights of religious organizations is not only important to Priests for Life, but to all freedom-loving Americans.  Consequently, it is imperative and of great public importance that the Court grant review of this case and promptly resolve this question, which ultimately affects the religious freedom of all private citizens.”

David Yerushalmi, Co-Founder and Senior Counsel of AFLC, commented: “It is evident that the Obama administration has little regard for the religious beliefs of Catholic organizations like Priests for Life and even less regard for our Constitution and the rule of law.  Consequently, it is imperative that the Supreme Court grant review of this case and immediately halt this administration’s assault on our Constitution and the freedoms it guarantees all American citizens.”

Planned Parenthood laying off in Iowa, closing clinics in secret; Quietly abandons surgical abortions in Bettendorf and Sioux City

Iowa Right to Life has discovered that Planned Parenthood of the Heartland has quietly laid off all but one employee (a center manager) at their Creston and Red Oak, Iowa locations.  In addition, Iowa's largest abortion provider has halted surgical abortions at its Bettendorf and Sioux City abortion centers.

This is not the first time PPH has tried to keep closings and layoffs quiet.  Last November, IRTL alerted the media that PPH was closing centers in Ankeny, Fort Dodge, Mount Pleasant and Washington, after hearing of massive layoffs at those locations on Veteran's Day (11/11/13), as well as cuts in key staff at PPH's headquarters in Des Moines.  IRTL also forced PPH to come clean in December, when it discovered the hours at the Creston and Red Oak centers were reduced to zero.

Iowa Life to Right Executive Director, Jenifer Bowen, says PPH's covert changes and layoffs should surprise no one.  "Planned Parenthood does not want the public to know they are closing clinics," said Bowen, "so they can continue to collect millions from donors and Iowa taxpayers, while providing zero services."

Planned Parenthood of the Heartland's most recent Annual Report for Fiscal year ending in June 2013 shows the organization made a profit of $740,241 last year, before their Veterans Day layoffs.  In addition:

* PPH's Taxpayer-funded Grants were up to $3,303,171 in 2013 from $2,673,281 in 2012.

* PPH's Investments Income jumped to $969,721 in 2013 from $264,068 in 2012.

* PPH's Patient Services Revenue leaped to $17,219,377 in 2013 from $13,890,520 in 2012 (PPH talks about serving the poor, while collecting millions from patients.)

* PPH's Public Donations jumped to $10,784,476 in 2013 from $6,974,442 in 2012.

* PPH also received $214,427 from the Department of Health and Human Services in August 2013 to hire and train Navigators to sign people up for Obamacare.

PPH sent out an email soliciting donations on 1/8/14 with no mention of the layoffs in Creston and Red Oak or that they were abandoning surgical abortions in Bettendorf and Sioux City.  Both Bettendorf and Sioux City still perform the more dangerous medication abortions, which are more profitable for PPH.

Where did the money go?

PPH's downward spiral since 2012 is curious, as PPH President Jill June had just announced in April 2011 that the abortion giant would open new locations in Carter Lake, Clinton, Marshalltown, Mason City, Muscatine and Ottumwa and that $7 million had already been raised in PPH's $11.5 million capital campaign toward that goal.  None of those locations ever materialized.

When PPH officially announces the closing of its Creston and Red Oak locations, that will mean six of PPH's controversial medication abortions by webcam locations will have closed and six more "abortion referral" will have closed sites since 2012.

"The next question is, 'What happened to all the webcam equipment and the high-tech ultrasound machines from the closed webcam abortion facilities?'" said Bowen.  "The IRS should be investigating Planned Parenthood of the Heartland instead of bullying grassroots pro-lifers."

The closings and layoffs did not seem to hurt PPH's abortion business.  PPH's Annual Report showed their abortions up to 6,367 in 2013 vs. 5,832 in 2012.  (Now an average of 17.4 abortions every day.)  Without Creston and Red Oak, Planned Parenthood of the Heartland will still have 15 locations in Iowa, including its headquarters in Des Moines.  12 of those locations perform abortions.

Update: Hospital still silencing “God Bless America”

A California hospital that stirred controversy in November by banning a veteran, Boots Hawks, from using the phrase “God Bless America” is sticking by its ban, even in the face of mounting legal threats. Attorneys for Pacific Justice Institute have taken steps recently toward litigation, filing a formal charge of discrimination with the California Department of Fair Employment and Housing, and receiving authorization to sue.

PJI has initiated similar proceedings with the federal Equal Employment Opportunity Commission and expects to receive a right-to-sue notice within the next couple of weeks. PJI attorneys have been surprised by Dameron Hospital’s complete lack of interest in resolving the conflict out of court.

Brad Dacus

“Over the last two months we have given Dameron Hospital multiple opportunities to rescind their ban on patriotic speech.  Inexplicably, they have chosen to ignore our efforts to resolve this conflict peacefully, and their window of opportunity is quickly closing.  It is both wrong and illegal to single out and silence the patriotic speech of a veteran who served his country honorably for more than twenty years.  We intend to do whatever is necesssary to vindicate his rights,” said Brad Dacus, President of PJI and frequent guest on Faith on Trial.

Mr. Hawks is a retired veteran who served in the U.S. Army and is an employee at Dameron Hospital. A supervisor ordered Mr. Hawks to stop using “God Bless America” as one of three quotes below his e-mail signature. Mr. Hawks reluctantly complied with the directive but was placed on two days of administrative leave for "insubordination" after he mentioned that he would seek legal advice.  

Click here to see Mr. Hawks story in his own words.

Tuesday Sixth Circuit to hear argument over “Benghazi-like” attack on Christians at Arab festival

Robert J. Muise, Co-Founder and Senior Counsel of the American Freedom Law Center (AFLC), and guest on Faith on Trial, will present oral argument on Tuesday, January 21, before a three-judge panel in the United States Court of Appeals for the Sixth Circuit, asking the court to overturn a lower court’s dismissal of a civil rights lawsuit brought by several Christian evangelists who were violently attacked by a hostile mob of Muslims while preaching at an Arab festival last year in Dearborn, Michigan. 

Robert Muise

AFLC filed the lawsuit in September 2012 on behalf of the Christians against Wayne County, the Wayne County Sheriff, and two Wayne County Deputy Chiefs for not only refusing to protect the Christians from the attack but also for threatening to arrest the Christians for disorderly conduct if they did not halt their speech activity and immediately leave the festival area. 

In May 2013, Federal Judge Patrick J. Duggan, granted Wayne County’s motion for summary judgment and dismissed the lawsuit.  The AFLC argued that the district court’s decision to compel American citizens who engage in peaceful free speech activity to surrender their constitutional rights to violent mob rule now serves as a lawful justification for the government to suppress a speaker’s unpopular message. 

Muise commented: “The district court’s ruling is an unprecedented blow to the First Amendment.  Indeed, the fact that the court’s decision rewards and thus encourages violence as a legitimate means of suppressing unpopular speech jeopardizes the constitutional safeguards that our Founding Fathers fought so hard to establish.”

David Yerushalmi, AFLC Co-Founder and Senior Counsel, added: “It is perhaps serendipitous that the court is hearing oral argument on this important First Amendment case the day following Martin Luther King, Jr. Day.  Reflecting back on that time in our Nation’s history and we plainly see the importance of protecting a private citizen’s right to freedom of speech from those who would do violence against the speaker because of his message.  You may disagree with the speaker, but in our free society, he has a right to convey his message free from violence and government interference.  Indeed, this is the United States and not Benghazi.”

Next week on Faith on Trial: A discussion of Life issues

Dana Cody

Next week marks the anniversary of the evil Roe v. Wade decision which legalized abortion in all 50 states.  In recognition of this we will be discussing the status of right-to-life issues with one of our favorite guests, Dana Cody, executive director and chief legal counsel for the Life Legal Defense Foundation.

Dana has been championing the rights of women and the unborn for over twenty years. She started as a lay-counselor to women in crisis pregnancies, then fulfilled her passion to protect women and children victimized by abortion by obtaining her law degree from Western State University in 1993.

In 1996, she accepted an invitation to serve as a board member of Life Legal Defense Foundation. After leaving her consulting position she accepted the position as Life Legal’s Executive Director. Dana has also served as an adjunct professor at Trinity Law School in Santa Ana, California, having taught the course The Right to Life and the Law. She also served as a Judge Pro Tem for the Sacramento Superior Court.

Among the things we will be discussing will be the “Bubble Zone” case recently heard by the Supreme Court.  That case places a 35 foot zone of protection around abortion clinics where sidewalk counselors are forbidden. Also we will take up the Jahi McMath case involving end-of-life care for a young girl who was declared brain dead, and the case of a public school teacher who was fired for his pro-life views.

And … hopefully we’ll be visiting with a local student who will be attending Wednesday’s March for Life in Washington, D.C.

Join Deacon Mike Manno and co-host Gina Noll Tuesday at 9 a.m. (Central) on Iowa Catholic Radio, 1150 AM; 88.5 & 94.5 FM and streaming live on IowaCatholicRadio.com.  The program will be re-broadcast Tuesday at 9 p.m.

Free exercise of religion under attack by Obama as illustrated by his attack on the Little Sisters of the Poor

Fox News commentator and former New Jersey Superior Court Judge Andrew P. Napolitano had some harsh words for President Obama over the way he is treating the Little

Judge Andrew P. Napolitano

Sisters of the Poor.  In case you’ve missed the story, the Obama Administration wants to force the Little Sisters to comply with his HHS Mandate that would require them to provide birth control and abortion producing drugs at no cost to their employees. 

The Little Sisters, who operate nursing homes for those unable to afford it, have asked for a waiver from the Obama Administration citing their religious beliefs against birth control and abortion.  Obama has refused and forced the Little Sisters to go to federal court to try to protect their freedom to practice their religion.  Obama is resisting and if the Little Sisters lose their court battle they will either have to comply with the Mandate, which is against their religious beliefs, or be subject to fines that will put them out of business.

Here is part of what Judge Napolitano had to say (there is a link to the entire article at the end):

“In a pluralistic society, one would expect that the government would accommodate the sisters. In a free society in which everyone who works for the government takes an oath to uphold the Constitution, the feds have a legal obligation to accommodate them. In a political society in which many Catholics are Democrats who elected the Congress that gave us Obamacare, one would expect an accommodation. But we expect in vain, as the federal government has resisted the sisters mightily and asked the courts to turn down their pleas.

“What is wrong with Obama that he would employ lawyers to do this? For starters, he does not believe in natural rights. He accepts the perverse view — known as positivism — that our rights come not from God, but from the government. This is not an academic argument, as, in the president’s world, if the government is the source of freedom, then the government can restrict it. This is, of course, the opposite view from that of Judeo-Christian values, the Framers, the Constitution and American law; thus it violates the oath of office the president took.”

He concludes:

 “If the government can tax you and me and selfless nuns for fidelity to long held religious beliefs while exempting others because of their fleeting political beliefs, then the Free Exercise Clause of the First Amendment is meaningless. And our rights are in the hands of a congressionally enabled tyrant.”

You can read the judge’s entire article here.

Federal court grants injunctive relief from Obama’s HHS Mandate to five additional non-profit organizations

On Monday, Federal District Judge Stephen J. Murphy, III, granted injunctive relief to five additional non-profit organizations in the Thomas More Law Center’s newest challenge to the HHS Mandate filed in the Federal District Court for the Eastern District of Michigan.       

This newest challenge on behalf of the five non-profit entities was brought by Faith on Trial guest Erin Mersino, trial counsel with the Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, Michigan. 

In granting the injunction, Judge Murphy noted that the plaintiffs showed “a strong likelihood of succeeding on the merits” of their case.  The court rejected the government’s argument that the accommodation to the Mandate, which required the plaintiffs to either pay for contraceptives and abortion-causing drugs directly or sign a “self-certification” which would act as a permission slip to their insurance company to pay for contraceptives and abortion-causing drugs, was sufficient to alleviate the plaintiffs’ constitutional objections.  The government belittled the plaintiffs’ religious beliefs by nakedly claiming that the Mandate did not violate them—despite the plaintiffs’ sworn statements to the contrary and the government’s own position that never challenged the sincerity of the plaintiffs’ religious beliefs. 

The court, in rejecting the government’s position, proclaimed that “It is not the government's business to decide what behavior has religious significance.” 

The injunction protects the five entities from any compliance with the HHS Mandate. The government’s Mandate would have required the Plaintiffs to facilitate access to contraceptive and abortion-causing drugs and devices, as well as sterilization procedures, through their health insurance plan.

Richard Thompson, president and chief counsel of the Thomas More Law Center, commented on Judge Murphy’s ruling:  “Christians in America are under increasing attack by the federal government.  And it’s important we realize that we must look to the federal courts to protect our religious freedom guaranteed under the First Amendment to the Constitution.   In this particular case, we are grateful for Judge Murphy’s decision and the expeditious manner in which he rendered it.”

Another attack by Obama Administration against Church: Government retaliates against Navy Chaplain who sued over government shutdown of Catholic Mass

Father Ray Leonard, the Catholic Navy Chaplain who sued the Department of Defense and the Navy after he was barred from celebrating Mass at Kings Bay Naval Submarine Base in Georgia during the recent the Government shutdown, is now the target of Government retaliation even though the Department of Justice indicated the day after the lawsuit was filed that he could resume his duties as a Navy Chaplain.

The retaliation involves repeated Government assertions that the employment contract under which Father Leonard was working is no longer “valid”, demands that he must sign a new contract containing several pages of onerous new terms if he wants to be paid and refusals to pay for services he had already performed. 

As a result, the Thomas More Law Center (“TMLC”), a national public interest law firm based in Ann Arbor, MI, on January 6, 2014 filed an amended complaint in their original federal lawsuit to prevent further retaliation against Father Leonard for exercising his constitutional rights.  The amended complaint added a claim against the government for its retaliation toward Father Leonard which occurred after the filing of the initial complaint.

Father Leonard just returned to America after spending ten years ministering to impoverished Tibetans in China.  Consequently, withholding Father Leonard’s earnings for approximately two months left Father Leonard himself in an impoverished condition.  Yet, he continued to minister to his congregation by scraping up enough money for food and rent payments for housing near the Naval Base which he serves. 

The amended complaint discusses how on October 21, 2013, a mere week after blowing the whistle on the government’s unconstitutional actions, the government told Father Leonard that his contract would no longer be considered “valid.”  The government presented Father Leonard with a new employment contract containing five additional pages of far more onerous terms than his original contract. 

Prior to the original lawsuit, which TMLC filed on October 14, 2013, Father Leonard had been operating under his original contract without complaint.  The original contract was even recognized and affirmed by the Navy and the Department of Justice in subsequent documentation on October 16, 2013. 

From October 1, 2013 through the present, Father Leonard has continued to perform his duties as a military chaplain under the original contract.  The Navy paid him for his work during the month of October.  However in November, the government inexplicably refused to pay Father Leonard.  The government’s withholding of income lasted from the beginning of November through the end of December.  After repeatedly denying Father Leonard’s payment, the Navy finally approved an invoice for payment at the end of December.

TMLC attorney Erin Mersino, who has appeared on Faith on Trial several times as a guest,

Erin Mersino

and is now counsel for Father Leonard, explained,

“The Petition Clause of the First Amendment protects individuals who challenge the unconstitutional actions of the government from retaliation.  The Archdiocese for the Military Services confirmed that no other military chaplain contracts were under review or subjected to the same scrutiny as Father Leonard’s.  Thus, due to the timing of the Navy’s actions and the information gleaned from the Archdiocese for the Military Services, all signs point to Father Leonard being singled out and subjected to unlawful retaliation for bringing the government’s practices to light.”   

On October 4, 2013, during the Government shutdown, Father Leonard was ordered to stop performing all of his duties as the Base’s Catholic Chaplain, even on a voluntary basis. He was also told that he could be arrested if he violated that order.

Additionally, Father Leonard was locked out of his on-base office and the chapel. Father Leonard was denied access to the Holy Eucharist and other articles of his Catholic faith. The order caused the cancellation of daily and weekend mass, confession, marriage preparation classes and baptisms as well as prevented Father Leonard from providing the spiritual guidance he was called by his faith to provide.

The services of other Christian denominations at Kings Bay were allowed to continue throughout the shutdown. Only Catholics were left without services. 

A day after the original federal lawsuit was filed, three attorneys from the Justice Department contacted Erin Mersino by phone and indicated that Father Leonard could resume all his religious duties and that the Chapel would be re-opened for all Catholic activities.  Those representations of the Justice Department attorneys were confirmed by orders to Father Leonard through the Navy chain of command.  However a week later, the retaliation against Father Leonard began.

Not again! Teacher to first grader: You’re not allowed to talk about the Bible in school

This was breaking news while we were on the air this morning with James Long of the Advocates for Faith and Freedom.  While we were discussing a similar case involving a Christmas message on candy canes, referred to below, Mr. Long alerted our listeners to this story from Temecula, California:

First grader Brynn Williams presentation of her family’s Star of Bethlehem was shut down because she’s “not allowed to talk about the Bible in school."

Brynn’s incident at Temecula Valley Unified School District comes on the heels of a candy cane case involving West Covina Unified School District first grader Isaiah Martinez who was told, "Jesus is not allowed in school.” See our earlier post here.

On Wednesday, December 18, 2013, Brynn Williams brought home a “share” bag as part of

Brynn holding family star

a school assignment.  Brynn’s teacher had given every child in her class a canvas bag with verbal instructions to find something at home that represents a family Christmas tradition, put it in the bag, bring it to school, and be prepared to share the family tradition.

Brynn took the Star of Bethlehem from the top of the family Christmas tree to represent her family’s tradition of remembering why Christmas celebrated.  Brynn worked diligently on a one minute presentation in order to explain to the class that her family’s tradition is to remember the birth of Jesus at Christmas time.

Brynn began her presentation:

“Our Christmas tradition is to put a star on top of our tree.  The star is named the Star of Bethlehem. The 3 kings followed the star to find baby Jesus, the Savior of the world. John …”

At that point the teacher interrupted Brynn and said, “Stop right there! Go take your seat!” Brynn was not allowed to finish her presentation by reciting the Bible verse, John 3:16.  Brynn, bullied by the teacher, was the only student not allowed to finish her one-minute presentation. After Brynn took her seat, the teacher explained to Brynn in front of all the other students that she was not allowed to talk about the Bible or share its verses.

Robert Tyler, General Counsel for Advocates for Faith & Freedom, and also a guest on Faith on Trial, said: “The disapproval and hostility that Christian students have come to experience in our nation's public schools has become epidemic. I hope that [school district] will take the lead role in adopting a model policy to prohibit this abuse that has become all too common place for religious-minded students.”

Advocates for Faith & Freedom sent a demand letter to the Temecula Valley Unified School District demanding that a new policy be adopted to prohibit school officials from expressing disapproval or hostility toward religion or toward religious viewpoints expressed by students. The letter also demands that the district provide a written apology and allow Brynn the opportunity to complete her speech during class.

Advocates for Faith & Freedom is a nonprofit public interest law firm dedicated to protecting religious liberty in the courts. 

Next Tuesday on Faith on Trial

Tuesday on Faith On Trial we will have Attorney James Long of the Advocates for Faith

James Long

and Freedom who is representing first grader Isaiah Martinez who was prohibited from distributing candy canes with a Christmas message to his teacher and classmates because his teacher told him “Jesus is not allowed in school.” See our earlier story here.

James earned a degree in philosophy from California State University, San Bernardino, and his law degree from the University of St. Thomas in Minneapolis. In law school James was the managing editor of the university’s Journal of Law and Public Policy, and associate editor of the St. Thomas Law Journal.  After graduating law school, James served as an Expert to the Holy See's Mission to the United Nations, where he represented the Holy See at the General Assembly.

He is involved in litigation to preserve our First Amendment freedoms.

Faith on Trial is broadcast every Tuesday morning at 9 a.m. (Central) and re-broadcast at 9 p.m. on Iowa Catholic Radio 1150 AM; 88.5 & 94.5 FM and streams live on IowaCatholicRadio.com.  You can contact our host, Attorney and Deacon Mike Manno, Gina Noll, our co-host; or StephanieCrowley, our research associate, by clicking on their names.

Follow us now on Twitter as well as Facebook

Faith On Trial is now on Twitter. Follow us at @FaithOnTrial.  Faith on Trial examines the influence of law and society on Christianity and people of faith.

Faith on Trial is where we will look at those cases and events that impinge on the rights of Christians and people of faith to fully practice their faith. Host is Attorney and Deacon Mike Manno, co-hosted with Gina Noll. 

We are on LIVE every Tuesday at 9 a.m. and re-broadcast at 9 p.m. (central time). The program can be heard on Iowa Catholic Radio: 1150 AM; 88.5 & 94.5 FM and streaming on Iowa Catholic Radio.  

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Is this the new face of God?

Satan as Baphomet

A satanic group from New York has submitted an application to place a 7-foot tall statue of Satan in the Oklahoma State Capitol.  The group argues that the Oklahoma Legislature’s action to authorize a privately funded monument to the Ten Commandments.  The Ten Commandments monument was placed on the steps of the capitol building two years ago.  The ACLU has sued to have it removed. 

A spokesman for the satanic group acknowledges that the effort is in part to highlight what it calls the hypocrisy of the state which allowed the Ten Commandment monument but is expected to fight the satanic display.  Oklahoma legislative leaders have vowed to block the display.

The satanic group submitted its application to a panel that oversees the Capitol grounds, including an artist’s rendering that depicts Satan as Baphomet, a goat-headed figure with horns, wings and a long beard that’s often used as a symbol of the occult. In the rendering,

The Flying Spaghetti Monster

Satan is sitting in a pentagram-adorned throne with smiling children next to him.  It claims to have raised half the funds necessary to construct and place the monument to the Prince of Darkness.

Similar requests have been made at other capitols such as by Hindu groups and animal rights organizations. The most notable being the holiday display in the Florida Capitol by the Church of Pastafarians: The Flying Spaghetti Monster.   

It may be hard to embrace Satan, but come on, spaghetti is another matter.

Who are the Little Sisters of the Poor that Obama is targeting?

The federal government is in court arguing that this group of nuns be required to offer contraception and abortion inducing drugs as required by the Obama Administration’s HHS Mandate. The government, according to Obama Administration officials, does not recognize this as a legitimate religious entity. You decide.

Teacher to First Grader: “Jesus is not allowed in school”

On December 13, 2013, first grader Isaiah Martinez took Christmas gifts intended for his teacher and classmates at Merced Elementary in the West Covina Unified School District. Each gift consisted of a traditional candy cane with a message attached that recited the legend of the candy cane. The legend references a candy maker who created the candy cane to symbolize the life of Jesus Christ.

Isaiah’s older sister told him about the legend of the candy cane and Isaiah asked if he could share it with his teacher and his classmates. Isaiah and his sister then purchased candy canes, printed the candy cane message and tied a copy to each candy cane.

When Isaiah brought his Christmas gift to school, his teacher took possession of the candy canes. After conferring with the school principal, the teacher told Isaiah that “Jesus is not allowed in school” and, at the apparent direction of her principal, ripped the candy cane message from each candy cane, threw the messages in the trash, and handed the candy canes back to Isaiah for delivery to his classmates. Isaiah then nervously handed the candy canes to his classmates in fear that he was in trouble for trying to bring a little Christmas cheer and “good tidings” to class.

Robert Tyler, general counsel for Advocates for Faith and Freedom, and a former guest on Faith on Trial, sent a demand letter to the West Covina Unified School District demanding a written apology and has demanded that a new policy be adopted to prohibit school officials from bullying and intimidating Christian students and religiously affiliated students.

Mr. Tyler said, “Advocates for Faith & Freedom has experienced a surge in phone calls from students and their parents across the country who are victims of religiously motivated bullying; not bullying by other students, but bullying by teachers and school officials.” He continued, “The pendulum has swung so far in the opposite direction that public schools are becoming a place of hostility toward Christian and other religiously-based worldviews.  It’s time to push the pendulum back in the right direction where kids can experience true tolerance without religiously motivated hostility from their teachers and school officials.”

We’re back … Faith on Trial returns Tuesday January 7

Doug Napier

After our Christmas hiatus Faith on Trial returns Tuesday and our guest for the program is Doug  Napier, as senior vice president of legal for Alliance Defending Freedom at its headquarters in Scottsdale, Arizona.  Doug leads a litigation team of approximately 40 attorneys and legal support staff at offices in District of Colombia, Arizona, Kansas, California, Georgia, and Tennessee. Before joining Alliance Defending Freedom in 2007, Napier practiced civil trial law in Iowa for 16 years. He earned his J.D. from the University of Iowa College, with distinction, and is a fellow of the Iowa Academy of Trial Lawyers. Napier is admitted to the bar in Iowa, the U.S. District Court for the Southern District of Iowa, and the U.S. Supreme Court, and has been admitted pro hac vice to several federal courts across the nation.

Doug will be discussing current legal issues affecting Christians and people of faith with a review of 2013 legal news and a look forward to this year.

Join Deacon Mike Manno and co-host Gina Noll Tuesday morning at 9 (Central) or catch the re-broadcast at 9 p.m. on Iowa Catholic Radio, 1150 AM; 88.5 and 94.5 FM and streaming live on IowaCatholicRadio.com. Don’t forget to “like” us on Facebook and watch for our new Twitter postings!

Priests for Life granted injunction against Obama's HHS Mandate by court of appeals; overturns lower court's denial

Fr. Frank Pavone

Tuesday, the U.S. Court of Appeals for the District of Columbia Circuit granted the American Freedom Law Center’s (AFLC) emergency motion for an injunction, thereby halting the enforcement of the Obamacare contraception mandate as applied against religious organizations pending appeal of a lower court ruling.

AFLC filed the emergency motion on behalf of Priests for Life, a Catholic pro-life organization; Father Frank Pavone, the National Director of Priests for Life; Dr. Alveda King, the niece of civil rights leader Martin Luther King, Jr. and the Pastoral Associate and Director of African-American Outreach for Priests for Life; and Janet Morana, the Executive Director of Priests for Life.  Absent the injunction, the mandate would have applied in full force against Priests for Life on January 1st.

On December 19, Federal Judge Emmett G. Sullivan, sitting in the U.S. District Court for the District of Columbia, upheld the government’s enforcement of the contraception mandate as applied against Priests for Life. AFLC filed an immediate appeal of the ruling to the Court of Appeals for the D.C. Circuit, and within 24 hours, filed an emergency motion with the appellate court, asking the court to enjoin the mandate while the case proceeded through the appeal process.

Robert Muise, Co-Founder and Senior Counsel of AFLC, and a former guest on Faith on Trial, commented: “The circuit court’s order was nothing short of a Christmas blessing, coming literally at the 11th hour.  Without this injunction, beginning on New Year’s Day the federal government would have forced Priests for Life to either violate its sincerely held religious beliefs or face crippling fines of $100 per employee per day that it is not in compliance with Obama’s unconstitutional and unconscionable mandate.”

David Yerushalmi, Co-Founder and Senior Counsel of AFLC, commented: “We won this battle for religious freedom, but the war—and it is a fiercely fought war at every step along the way between the culture of life and the culture of death—continues. No doubt that this case will ultimately be decided by the U.S. Supreme Court.”

AFLC’s lawsuit was filed against the U.S. Department of Health and Human Services and its Secretary, Kathleen Sebelius; the U.S. Department of the Treasury and its Secretary, Jacob Lew; and the U.S. Department of Labor and its Secretary, Thomas Perez.  Each department has a role in enforcing the challenged mandate. 

Little Sisters of the Poor granted temporary injunction by Supreme Court

An order of Catholic nuns, The Little Sisters of the Poor received a temporary injunction from the Supreme Court protecting them from the controversial HHS contraceptive mandate.  The injunction means that the Little Sisters will not be forced to sign and deliver forms authorizing and directing others to provide contraceptives, sterilizations and drugs and devices that cause abortions.

"We are delighted that the Supreme Court has issued this order protecting the Little Sisters," said Mark Rienzi, Senior Counsel for the Becket Fund.  "The government has lots of ways to deliver contraceptives to people--it doesn't need to force nuns to participate."

The order was issued by Supreme Court Justice Sonia Sotomayor, who is the Justice assigned for emergency applications from the Tenth Circuit Court of Appeals.  Justice Sotomayor also ordered the federal government to file a brief in response to the Little Sisters' application.

Prior to the order, preliminary injunctions had been awarded in 18 of the 20 similar cases in which relief had been requested.

"Virtually every other party who asked for protection from the mandate has been given it," said Rienzi.  "It makes no sense for the Little Sisters to be singled out for fines and punishment before they can even finish their suit." 

The Little Sisters are joined in the lawsuit by religious health benefit providers, Christian Brothers Services, Christian Brothers Employee Benefits Trust.  The Plaintiffs are also represented by Locke Lord, a national law firm, and by Kevin Walsh, a law professor at the University of Richmond. 

To date, there are currently 91 lawsuits challenging the unconstitutional HHS mandate.