Court to decide: Can discriminatory law end education program?

Old anti-Catholic law being used to keep funding from low-income, special needs children

WASHINGTON, D.C. –  Nevada activist groups continue their quest to block low-income and special needs children from receiving a quality education by using an anti-Catholic law from the 19th century to shut down a Nevada program. In a brief filed yesterday, Becket urged the Nevada Supreme Court to protect the children and the religious schools they attend from discrimination.

In 2015 the state of Nevada created the Educational Savings Account (ESA) program, which allows parents to use a portion of their public school funds to pay for books, tutoring and tuition, in an effort to improve education for Nevada children -- especially low-income and special-needs children. However, activist groups including the ACLU want to end the program simply because children may come into contact with religion. To do this, the groups are using the state’s Blaine Amendment, a 19th century law rooted in anti-Catholic bigotry. Earlier this year a lower court dismissed the case but the ACLU appealed to the Supreme Court.

“Nevada can do better than relying on outdated, xenophobic laws,” said Lori Windham, senior counsel of the Becket Fund for Religious Liberty. “A law that was created to discriminate against Catholics long ago shouldn’t become an excuse to bar children from the education they need or discriminate against all religious schools today.”

Blaine Amendments were passed during a wave of anti-Catholic bigotry during the 19th century and were designed to keep Catholic organizations—including orphanages, schools and charities—from having access to public funds. Public schools at the time used Protestant prayers, lessons and Bible readings. Today, those laws are being used by the ACLU and other groups against any school that is “too religious.” Because parents might use their ESA funds at religious schools, the groups want the entire program shut down. Both uses of the Blaine Amendment run afoul of the Constitution’s ban of religious discrimination.

"Nevada's program is designed to help children, especially low-income and special-needs children," said Windham. "You shouldn't use a law that once shut down an orphanage program that help children today." 

The Becket Fund for Religious Liberty is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians.

Déjà vu all over again!

A couple of weeks ago we brought you the story of how the Iowa Civil Rights Commission was trying to censor the pulpit speech of priests and ministers, and force their churches to conform to the commissions “gender equity” restroom and shower facilities policy; now we have another administrative agency trying to force speech on unwilling physicians.

Steven H. Aden

Alliance Defending Freedom attorneys filed suit in federal court last week against the Vermont Board of Medical Practice and the Office of Professional Regulation on behalf of health care professionals who wish to abide by their oath to “do no harm.” The state agencies are construing Vermont’s assisted suicide law as requiring them, regardless of their conscience or oath, to counsel patients on the option of doctor-prescribed death.

“The government shouldn’t be telling health care professionals that they must violate their medical ethics in order to practice medicine,” said ADF Senior Counsel Steven H. Aden, who will be our guest on FOT this week. “These doctors and other health care workers deeply believe that suffering patients need understanding and sound medical treatment, not encouragement to kill themselves. The state has no authority to order them to act contrary to that sincere and time-honored conviction.”

Since joining ADF in 2008, Mr. Aden has focused his litigation efforts on the sanctity of human life, free speech on public university campuses, and the constitutionality of faith-based initiatives. He earned his J.D. in 1989 from Georgetown University Law Center, graduating cum laude. He is admitted to the bars of the District of Columbia, Virginia, and Hawaii (inactive). He is a member of the bars of the U.S. Supreme Court and numerous federal circuit and district courts. Aden has also authored numerous law review articles on constitutional law and civil rights, and is a frequent media commentator.

So Tuesday, join Deacon Mike Manno and Gina Noll as they discuss this issue with Mr. Aden, as well as a review of other topics of interest to people of faith. FOT airs on Iowa Catholic Radio, 1150 AM; 88.5 & 94.5 FM at 9 a.m. (Central) and re-broadcasts at 9 p.m. The program also streams on IowaCatholicRadio.com where podcasts of earlier shows can be found.

FOT is on the air courtesy of our loyal sponsors: Attorney Rick McConville, Coppola, McConville, Coppola, Carroll, Hockenberg & Scalise PC 2100 Westown Parkway, West Des Moines, 515-453-1055; Confluence Brewing Company – off the Bike Trail just south of Grey’s Lake, 1235 Thomas Beck Road where there is live entertainment in the tap room every Thursday, and Rob denHartog, Wealth Management Advisor at Northwestern Mutual Life, NW corner of 128^th Street and Hickman Rd, 515-210-4472.

Victory for Religious Liberty in Missouri against Obamacare’s “Abortion Pill Mandate”

Thursday, a federal district judge in the Eastern District of Missouri granted a summary

Sen. Paul Wieland

judgment in favor of Missouri State Senator Paul Wieland and his wife Theresa against the Obamacare abortifacient/contraceptive mandate, ruling that the federal government could not constitutionally compel them to pay for group health insurance for their family, including young daughters, that includes required coverage for medical services that they deem religiously objectionable. Thomas More Society, which underwrote the lawsuit from its inception, joined its special counsel, Timothy and Matthew Belz of the St. Louis law firm, Otten, Leggat & Belz, LC, in calling this ruling “a significant victory for religious freedom” with significant national implications. 

Judge Jean C. Hamilton granted Paul Wieland and his family permanent protection from Obamacare's mandate that individuals, as well as businesses and other non-church entities, must purchase health insurance for contraception, including pharmaceutical “abortion pills” and sterilization.  The court upheld the family’s right to assert religious objections as a basis for exemption from the mandate as it imposes a substantial burden on the Weilands’ exercise of their religious faith, contrary to the federal Religious Freedom Restoration Act (“RFRA”) – the same federal statute successfully invoked by the for-profit corporation, Hobby Lobby, and later invoked with partial success (so far) by non-profit religious groups such as the Little Sisters of the Poor.

The court rejected the U.S. Justice Department’s arguments that the Wielands suffered no substantial adverse burden from having to comply with the mandate, noting that such compliance would not only entail their coerced purchase of coverage they consider morally objectionable, but that it also would subject them to substantial monetary fines if they chose not to comply. In her 13 ½ page opinion, Judge Hamilton wrote:

“The ultimate impact is that Plaintiffs must either maintain a health insurance plan that includes contraceptive coverage, in violation of their sincerely-held religious beliefs, or they can forgo healthcare altogether, which will result in the imposition of significant penalties (not to mention the potentially crippling costs of uninsured health care).”

Also rejecting the Obama Administration’s insistence that the nation’s insurance markets wouldn’t be able to function if insurers had to tailor each health plan to individual needs and preferences, Judge Hamilton said that the government does not provide the insurance and that it was for private insurers to decide whether or not to offer contraceptive-free plans. 

St. Louis attorney Tim Belz, Thomas More Society Special Counsel, said, “The sad irony here is that this family had to take the Obama administration to court to preserve their constitutionally guaranteed right to religious freedom when, as Judge Hamilton agreed, all the government needs to do is allow people to check a box to opt out of contraceptive coverage.”

Tom Brejcha, the Society’s President and Chief Counsel, explained the potentially sweeping impact of this decision.  “In 2014’s Hobby Lobby decision, the United States Supreme Court ruled that privately owned businesses whose owners assert conscientious objections based on sincerely held religious beliefs may not be coerced to comply with the Obamacare Mandate.  For the first time that we’re aware of, this decision now vests that same right of religious liberty in individuals and families across America.”  The Justice Department lost a prior appeal in this same case, and whether it will appeal this final ruling for the Wieland family is unknown.

Read the July 21, 2016, United States District Court, Eastern District of Missouri – Eastern Division Memorandum and Order in Paul Wieland and Teresa Wieland vs. United States Department of Health and Human Services here.

Find background on the case here.

Planned Parenthood loses motion to dismiss claims of libel related to assertions of violence

(July 22, 2016 – Geneva, IL) Today, an order was entered in Kane County Circuit Court, Geneva, Illinois, denying a motion to dismiss by Planned Parenthood of Illinois and its former head, Steve Trombley, in a defamation lawsuit brought by the Thomas More Society, alleging that Planned Parenthood lied when it tried to tie the Pro-Life Action League to violence in four separate public communications. These included full-page ads in area newspapers, Daily Herald and Aurora Beacon News, a letter to City of Aurora aldermen and a related press release. The libel case was filed in 2007, in the wake of controversy over the Planned Parenthood location in Aurora, Illinois, and in response to accusations made in the publications by Planned Parenthood and Trombley that the Pro-Life Action League had a “well documented history of advocating violence.”

One of the full-page advertisements included a photo of a bombed-out abortion clinic in Michigan. 

The first ad, which ran in the Beacon on September 6, 2007, was followed by a “cease and desist” letter from the Thomas More Society on behalf their clients.  This letter demanded a “prompt and public retraction of false, libelous, and malicious statements.”  Planned Parenthood responded with an ad that was more inflammatory and accusatory than the original.

“No one should have to suffer the kind of vicious and false accusations of violence that the Pro-Life Action League has suffered,” said Thomas More Society Special Counsel Peter Breen. “This ruling means that the Pro-Life Action League will finally have the opportunity to clear its name in court against Planned Parenthood’s lies. The League twice beat Planned Parenthood and the abortion industry before the U.S. Supreme Court in a related case, and we look forward to mounting a vigorous prosecution of these defamation claims.” 

The abortion provider’s defense cited a jury verdict in the trial court in NOW v. Scheidler [https://www.thomasmoresociety.org/case/now-v-scheidler/], a verdict reversed and vacated in two decisions by the United States Supreme Court.  That long running case, brought by abortion clinics and the National Organization for Women against the Pro-Life Action League and its founder Joseph Scheidler, father of current League executive director Eric Scheidler.  That suit sought to apply federal racketeering laws, intended to stop organized crime, to the League’s peaceful pro-life advocacy. 

This case had been delayed for years, due to appeals on issues unrelated to the merits of the defamation claims brought by the Pro-Life Action League. 

Read the order entered in Kane County Circuit Court, Geneva, Illinois, today denying a motion to dismiss by Planned Parenthood here.  

Read the Thomas More Society’s current Complaint in the Circuit Court for the Sixteenth Judicial Circuit – Kane County, Illinois here.  

A copy of the original Beacon News ad is available here. 

Find background on the Thomas More Society’s involvement in Scheidler v. Trombley here.

About the Thomas More Society

Thomas More Society is a national not-for-profit law firm dedicated to restoring respect in law for life, family, and religious liberty. Headquartered in Chicago, the Thomas More Society fosters support for these causes by providing high quality pro bono legal services from local trial courts all the way up to the United States Supreme Court. Visit www.thomasmoresociety.org. 

This week: Understanding the First Amendment Defense Act

The First Amendment Defense Act, now pending in Congress, provides that “the federal government "shall not take any discriminatory action against a person, wholly or partially on the basis that such person believes or acts in accordance with a religious belief or moral conviction that marriage is or should be recognized as the union of one man and one woman, or that sexual relations are properly reserved to such a marriage."

Roger Severino

While its provisions protect the rights of Christians and people of faith not to participate in same-sex weddings, it has engendered a lot of debate and opposition.

Tuesday, Roger Severino, director of the DeVos Center for Religion and Civil Society at The Heritage Foundation, will be our guest to discuss the provisions of the act and the hurdles it may face in getting passed and signed into law. Roger has recently penned an article for the Daily Signal defending the act which you can find here.

Before joining Heritage in 2015, Roger was a trial attorney in the Department of Justice’s Civil Rights Division. He worked in the Housing and Civil Enforcement Section on dozens of district and appellate court matters, including issues involving the Fair Housing Act and the Religious Land Use and Institutionalized Persons Act. He previously was chief operations officer and legal counsel for the Becket Fund for Religious Liberty, where he argued for the rights of religious believers and houses of worship to be free from discrimination and unjustified government burdens. 

He has also contributed commentary on church and state issues to The Wall Street Journal, The Washington Times, and New Republic Online, and has been interviewed on news topics by CNN, PBS, and C-SPAN, among others.

In addition to Roger, we’ll have our usual news reports and movie review, so join Deacon Mike Manno and Gina Noll at 9 a.m. Tuesday (Central time) on Iowa Catholic Radio, 1150 AM; 88.5 & 94.5 FM and streaming on IowaCatholicRadio.com. The program will be re-broadcast at 9 p.m. Pod casts of past programs may be found on the Faith On Trial page of IowaCatholicRadio.com.

Faith On Trial is sponsored by our underwriters Attorney Rick McConville, Coppola, McConville, Coppola, Carroll, Hockenberg & Scalise PC 2100 Westown Parkway, West Des Moines, 515-453-1055; Confluence Brewing Company – off the Bike Trail just south of Grey’s Lake, 1235 Thomas Beck Road where there is live entertainment in the tap room every Thursday, and Rob denHartog, Wealth Management Advisor at Northwestern Mutual Life, NW corner of 128^th Street and Hickman Rd, 515-210-4472.

Can the Iowa Civil Rights Commission do that to a church?

Christiana Holcomb

This week on FOT is the case of the Iowa Civil Rights Commission that has interpreted a state law to ban churches from expressing their views on human sexuality if they would “directly or indirectly” make “persons of any particular…gender identity” feel “unwelcome” in conjunction with church services, events, and other religious activities. The speech ban, of course, could be used to gag churches from making any public comments—including from the pulpit—that could be viewed as unwelcome to persons who do not identify with their biological sex. The commission says the law applies to churches during any activity that the commission deems to not have a “bona fide religious purpose.”

Christiana Holcomb, legal counsel for the  Alliance Defending Freedom, has filed a Federal lawsuit seeking to prohibit the commission from enforcing its rule on behalf of the Fort Des Moines Church of Christ. Christiana will be our guest Tuesday. In that suit she argues that all events held at a church on its property have a bona fide religious purpose, and that the commission has no authority to violate the First Amendment’s guarantees of freedom of religion and speech.

Pastor Cary Gordon

In Sioux City another church, Cornerstone World Outreach, send a demand letter to the Civil Rights Commission objecting to its interpretation of the law and received a reply that in some respects “walks back” the commission’s claim. We will also have an interview with Cornerstone’s senior pastor and old friend of the program, Rev. Cary Gordon, who taped an interview with us for broadcast on the program.

So join Deacon Mike Manno and Gina Noll for an interesting discussion of the legal and moral issues involved in the commission’s rules and in the Federal case filed in Des Moines.

Faith on trial is supported by our underwriters: Attorney Rick McConville, Coppola, McConville, Coppola, Carroll, Hockenberg & Scalise PC 2100 Westown Parkway, West Des Moines, 515-453-1055; Confluence Brewing Company – off the Bike Trail just south of Grey’s Lake, 1235 Thomas Beck Road where there is live entertainment in the tap room every Thursday, and Rob denHartog, Wealth Management Advisor at Northwestern Mutual Life, NW corner of 128^th Street and Hickman Rd, 515-210-4472. 

Faith On Trial is broadcast every Tuesday at 9 a.m. and rebroadcast at 9 p.m. on Iowa Catholic Radio 1150 AM; 88.5 & 94.5 FM and streaming on IowaCatholicRadio.com where you can find podcasts of older programs.

Reaction to today’s ruling striking down Texas abortion clinic law

Today, the United States Supreme Court struck down a Texas law that requires abortion clinic facilities to meet the same standards as other surgical centers. The Thomas More Society filed an amicus brief in the case (see it here), which stated the law is constitutional. 

Thomas More Society attorney Jocelyn Floyd, a former FOT guest, issued this statement in response to the 5-3 ruling in Whole Woman’s Health v. Hellerstedt: 

“The Supreme Court today overturned a Texas law protecting women’s health because it viewed the law as ‘unnecessary.’ Texas enacted common-sense provisions to protect women at abortion facilities from substandard care, requiring abortion providers to meet the same standards as other similar medical clinics. Here in Illinois, we’ve seen all too well what disastrous consequences come from holding abortion providers to lower standards than other medical providers—contamination, dirty facilities, patient injury, and even death. We’re disappointed that the Supreme Court views vital protection against these consequences as ‘unnecessary’.”   

And Eric Scheidler, Executive Director of the Pro-Life Action League, issued this statement:  

“It is shameful to see a majority of the Supreme Court sacrificing public health and safety to prop up the abortion industry in Texas. If this case were about anything other than abortion, this law would have been upheld. Indeed, it would never have been challenged. Only the abortion industry balks at adhering to the same standards considered routine by legitimate health care providers. 

“How many Kermit Gosnells will it take for public officials to uphold common sense health and safety standards for the abortion industry? In the wake of this irresponsible ruling in Whole Woman’s Health v. Hellerstedt, pro-life activists will be redoubling our efforts to highlight the dangerous conditions at America’s abortion clinics -- like the ambulances we see turning up regularly at abortion clinics around the country -- in hopes that one day the abortion industry will be held accountable for endangering public health.”

This week on FOT: The California Department of Managed Health Care is forcing churches to pay for elective abortions in their health insurance plans.

While the Supreme Court is preventing the closing of abortion clinics in Texas (read), the California Department of Managed Health Care is trying to force churches (yes, churches) and other religious entities to pay for elective abortions (see story).

Casey Mattox

Leading the fight against the state’s efforts is the Alliance Defending Freedom and on Tuesday we’ll have ADF’s Casey Mattox to discuss this issue. Casey serves as senior counsel with ADF and his litigation efforts focus on sanctity of human life issues, including waste, fraud, and abuse of taxpayer dollars by the abortion industry. Prior to serving with ADF, he litigated for the Christian Legal Society Center for Law & Religious Freedom, as well as the Rutherford Institute, and clerked for Justice Champ Lyons of the Alabama Supreme Court.

Commenting on this issue, Casey said: “The Obama Administration is once again making a mockery of the law, and this time in the most unimaginable way. Churches should never be forced to cover elective abortion in their insurance plans, and for ten years the Weldon Amendment has protected the right to have plans that do not include coverage for abortion-on-demand. But the state of California has ordered every insurer, even those insuring churches, to cover elective abortions in blatant violation of the law.

“The Obama Administration’s refusal to enforce this law continues its pattern of enforcing laws it wants to enforce, refusing to enforce others, and inventing new interpretations of others out of whole cloth. We will continue to defend churches from this clear violation of the First Amendment and federal law and call on Congress to hold the Department of Health and Human Services accountable,” he added.

In addition to Casey, we’ll also be joined by Greg Baker of the Family Leader to discuss its upcoming Fifth Annual Family Leadership Summit Saturday July 9 at the Community Choice Credit Union Convention Center, featuring speakers including Evangelist Billy Graham’s daughter, Anne Graham Lotz.

Join Deacon Mike Manno and Gina Noll and Casey as they discuss these and other issues of interest to people of faith at 9 a.m. on Iowa Catholic Radio, 1150 AM; 88.5 & 94.5 FM and streaming on IowaCatholicRadio.com. The program will re-air at 9 p.m. and pod casts of our previous programs may be found here.

Faith On Trial is supported by our loyal underwriters and sponsors: Attorney Rick McConville, Coppola, McConville, Coppola, Carroll, Hockenberg & Scalise PC 2100 Westown Parkway, West Des Moines, 515-453-1055; Confluence Brewing Company – off the Bike Trail just south of Grey’s Lake, 1235 Thomas Beck Road where there is live entertainment in the tap room every Thursday, and Rob denHartog, Wealth Management Advisor at Northwestern Mutual Life, NW corner of 128^th Street and Hickman Rd, 515-210-4472.

Politics from “The Patriot and the Preacher” – Next FOT

Mark Anthony

This week we’re doing something a little different, we’re hosting a religious broadcaster, Mark Anthony from the syndicated “The Patriot and The Preacher” radio program he hosts with Ben Kinchlow.

The program attempts to reignite the vision of a nation based on traditional spiritual and political values. In it “We believe the average voter is not only disenchanted, but feels powerless to effect true change in our country. Political radio pundits bombard us daily with the problems we face and provide ‘solutions’ that are unrealistic and divisive in nature while religious radio pundits are mocked and essentially marginalized.”

Mark’s program was developed to call our nation back to its spiritual and political foundations, using Biblical truth and the wisdom of our founding fathers, this show seeks to make our nation great, once again.

Mark, a history buff, has been involved in politics for over 15 years as both a volunteer and paid staff for many campaigns and organizations, raising money and creating events for fundraising and messaging purposes. He has also been the campaign manager for two congressional campaigns.

After Mark we will have our monthly visit from Stephanie Crowley with a review of the movie “Me Before You.”

Join Deacon Mike Manno and Gina Noll for another interesting program Tuesday at 9 a.m. on Iowa Catholic Radio, 1150 AM; 88.5 & 94.5 FM and streaming on IowaCatholicRadio.com (where pod casts of previous programs can be found). The program will re-air at 9 p.m.

Faith On Trial is brought to you by our sponsors Attorney Rick McConville, Coppola, McConville, Coppola, Carroll, Hockenberg & Scalise PC 2100 Westown Parkway, West Des Moines, 515-453-1055; Confluence Brewing Company – off the Bike Trail just south of Grey’s Lake, 1235 Thomas Beck Road where there is live entertainment in the tap room every Thursday, and Rob denHartog, Wealth Management Advisor at Northwestern Mutual Life, NW corner of 128^th Street and Hickman Rd, 515-210-4472.

Texas judge dismisses misdemeanor criminal charge against undercover Planned Parenthood journalist David Daleiden

Thomas More Society wins dismissal in defense of journalist

HOUSTON – June 14 – Misdemeanor criminal charges against undercover journalist David Daleiden have been dismissed by a Harris County, Texas, court this week. The charges for “unlawfully, intentionally and knowingly offer[ing] to buy human organs, namely, fetal tissue, for valuable consideration,” were brought against Daleiden in response to his investigation exposing Planned Parenthood’s involvement in the sale and trafficking of the body parts of aborted children. Felony charges related to the use of fake identifications in connection with entering the Planned Parenthood Gulf Coast facility in Houston, Texas, are pending before a different branch of the Harris County courts. The Thomas More Society is defending Daleiden in multiple court cases, including the Texas criminal charges, along with numerous lawsuits by the abortion industry.

“The Harris County prosecutors were in such a rush to criminalize David Daleiden that they did not properly obtain grand jury approval of each of the elements of the charged misdemeanor,” said Peter Breen, Thomas More Society Special Counsel. “All charges against Daleiden and his investigators should be dismissed, based on the evidence that Harris County District Attorney’s prosecutors colluded with Planned Parenthood to secure these indictments. Planned Parenthood’s illegitimate aim is clear: it hopes to turn attention away from the abortion industry’s baby parts trafficking, by instead attacking the man who exposed its illegal practices. The Harris County District Attorney’s office should reject that aim and prosecute Planned Parenthood, not David Daleiden and his investigators.”

Read the order dismissing the case for want of jurisdiction here [https://www.thomasmoresociety.org/wp-content/uploads/2016/06/Criminal-charges-dropped.pdf]

About the Thomas More Society

The Thomas More Society is a national not-for-profit law firm dedicated to restoring respect in law for life, family, and religious liberty. Headquartered in Chicago, the Thomas More Society fosters support for these causes by providing high quality pro bono legal services from local trial courts all the way up to the United States Supreme Court. For more information, visit www.thomasmoresociety.org.

Gender dysphoria and transgendered locker rooms: Next FOT

During the past few weeks there has been a lot of discussion about the “rights” of transgendered persons to use the restroom of their choice, the edict from the Obama Administration that would require schools to ignore biological differences between the sexes in making roommate assignments and sports teams’ rosters, and the “rights” of privacy of other students. There has been a lot of criticism, both legal and political; but this week we’re going to take a different tact. We’re going to discuss this matter with a licensed mental health counselor. 

Randy Kiel, M. A.

Randy Kiel, M.A, is the founder of Kardia Counseling.  He is a licensed mental health counselor with a private practice of psychotherapy and counseling in central Iowa.  With more than twenty years of clinical experience, Randy has spent over 40,000 hours sitting with people to learn how to care for them and their needs.  

Tuesday Randy will join Deacon Mike Manno and Gina Noll to discuss this issue and the concept of gender dysphoria, or “gender identity disorder,” the mismatch between body and internal sense of gender.  

So join Deacon Mike and Gina Tuesday at 9 a.m. on Iowa Catholic Radio 1150 AM; 88.5 & 94.5 FM and streaming on IowaCatholicRadio.com. The program will be rebroadcast at 9 p.m. and the podcasts of previous programs can be found on the station’s Faith On Trial page. 

Faith On Trial is brought to you by our loyal sponsors: Attorney Rick McConville, Coppola, McConville, Coppola, Carroll, Hockenberg & Scalise PC 2100 Westown Parkway, West Des Moines, 515-453-1055; Confluence Brewing Company – off the Bike Trail just south of Grey’s Lake, 1235 Thomas Beck Road where there is live entertainment in the tap room every Thursday, and Rob denHartog, Wealth Management Advisor at Northwestern Mutual Life, NW corner of 128^th Street and Hickman Rd, 515-210-4472.

What’s at stake in the election and what is your responsibility?





Joshua Mercer

What is this year’s election all about and what does it mean for people of faith? What is our responsibility as citizens, Christians, and voters? We’ll take up these questions this Tuesday with Joshua Mercer, political director and co-founder of CatholicVote.org. He previously served as Washington Correspondent for the National Catholic Register and Chairman for Students for Life of America. He joined us earlier profiles of the presidential candidates and a discussion of their stands on religious issues before the Iowa Caucuses.

The Donald, Hillary, Bernie … we’ll discuss them all and consider what this election may mean for religious freedom in the United States for the next four years.

In addition we’ll have our monthly visit by our media critic, Todd Erzen.

So join us Tuesday morning at 9 (central) on Iowa Catholic Radio 1150 AM; 88.5 & 94.5 FM

and streaming on IowaCatholicRadio.com. The program will be re-broadcast at 9 p.m. and don’t forget that you can listen to any program you may have missed by following the links on the Faith On Trial page on the station’s web site.

Faith On Trial is on the air courtesy of our loyal sponsors and underwriters: Attorney Rick McConville, Coppola, McConville, Coppola, Carroll, Hockenberg & Scalise PC 2100 Westown Parkway, West Des Moines, 515-453-1055; Confluence Brewing Company – off the Bike Trail just south of Grey’s Lake, 1235 Thomas Beck Road where there is live entertainment in the tap room every Thursday, and Rob denHartog, Wealth Management Advisor at Northwestern Mutual Life, NW corner of 128^th Street and Hickman Rd, 515-210-4472.

 

Illinois bill forcing pro-life pregnancy care centers to promote abortion heads to governor’s desk

SPRINGFIELD, Ill. – A bill that has passed both houses of the Illinois Legislature and that will likely be sent to Gov. Bruce Rauner for his signature would violate federal law and therefore place federal funding, including Medicaid reimbursements, in jeopardy, according to a letter Alliance Defending Freedom sent to Rauner on Friday on behalf of numerous pro-life physicians, pregnancy care centers, and pregnancy care center network organizations. ADF warned legislators about the problems with the bill last year.

The bill, SB 1564, forces medical facilities and physicians who conscientiously object to involvement in abortions to adopt policies that provide women who ask for abortions with a list of providers “they reasonably believe may offer” them. Two federal laws, known as the Coats-Snowe amendment and the Hyde-Weldon amendment, together prohibit states that receive federal funding from forcing pro-life physicians and entities to refer women for abortion or to make arrangements for their referral. Illinois law also prohibits government from placing burdens on religious conscience without a compelling interest for doing so.

“No state can rob women of the right to choose a pro-life doctor by forcing pro-life

Matt Bowman

physicians and entities to make or arrange abortion referrals. That’s what federal law clearly states,” said ADF Senior Counsel Matt Bowman. “The governor would be on firm legal ground to veto this bill because of its collision with federal law and the U.S. Constitution—and because the courts have invalidated similar measures in other states.”

“Alliance Defending Freedom has represented multiple pro-life pregnancy help organizations in federal lawsuits in which we have obtained court orders against laws that attempted to force the pregnancy centers to recite government’s messages,” the ADF letter explains. “Several of the cases specifically struck down the requirement that pregnancy centers tell women certain things about abortion or birth control, or that they give the women information about alternative service providers. See Centro Tepeyac v. Montgomery County…. Alliance Defending Freedom is ready and willing to represent Illinois pro-life pregnancy centers if SB 1564 becomes law.”

The federal Coats-Snowe amendment declares that “any State or local government that receives Federal financial assistance, may not subject any health care entity to discrimination on the basis that” it (1) “refuses to…provide referrals for…abortions,” or it (2) “refuses to make arrangements for any of the activities specified in paragraph (1).”

In addition to protecting “entities,” the Coats-Snowe amendment protects “individual physician[s].” The federal funding that violating the Coats-Snowe amendment jeopardizes “includes” but is not limited to “governmental payments provided as reimbursement for carrying out health-related activities.” Separately, the federal Hyde-Weldon amendment prohibits states that receive certain federal funding from requiring physicians or health care entities to refer for abortions.

Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.

The cover-up of ambulance calls to abortion facilities in Chicago and opposing the ACLU’s defense of dismemberment abortions in Kansas

The Thomas More Society out of Chicago is currently involved in two matters of interest. In the first it is representing the Pro-Life Action League in a dispute with the City of Chicago and the Illinois Department of Public Health over emergency medical calls to area abortion clinics. As we have reported in the past, there are numerous instances of women being maimed and killed at these clinics. The issue here involves the release of the emergency calls under the Illinois Freedom of Information Act. The city has refused all requests and Thomas More is taking up the cause.


Tom Olp

In the second matter, the Kansas legislature has passed a bill that outlaws dismemberment abortions. The Kansas ACLU has filed a lawsuit challenging the constitutionality of that law and Thomas More, representing the Family Research Council, has now filed briefs with the Kansas Supreme Court supporting the law.

Discussing these matters will be Thomas More attorney Tom Olp. Tom has been a guest on our program before and we expect a lively conversation about these cases as well as a discussion of other cases that are of interest to people of faith.

So join Deacon Mike Manno and Gina Noll Tuesday at 9 a.m. on Iowa Catholic Radio, 1150 AM; 88.5 & 94.5 FM and streaming on IowaCatholicRadio.com for an interesting discussion of these issues. The program will be re-broadcast at 9 p.m. and all of our archived programs are now available on the station’s web page; look under “programs” and click on “Faith On Trial” to find the podcasts.

This program is brought to you by our loyal sponsers: Attorney Rick McConville, Coppola, McConville, Coppola, Carroll, Hockenberg & Scalise PC 2100 Westown Parkway, West Des Moines, 515-453-1055; Confluence Brewing Company – off the Bike Trail just south of Grey’s Lake, 1235 Thomas Beck Road where there is live entertainment in the tap room every Thursday, and Robd enHartog, Wealth Management Advisor at Northwestern Mutual Life, NW corner of 128^th Street and Hickman Rd, 515-210-4472.

Planned Parenthood attorney admits receiving confidential materials from Houston DA

Motions Alleging Prosecutorial Misconduct and Collusion Prove True

Houston – The Thomas More Society announced today that recent court filings in the Houston-area civil and criminal cases against undercover journalist David Daleiden reveal that the Harris County District Attorney’s office illegally shared evidence with Planned Parenthood.  Planned Parenthood Gulf Coast attorney Josh Schaffer admitted in a sworn declaration that the DA’s office shared materials and information with Planned Parenthood, even after the Texas Attorney General’s office had forbidden them from doing so. The declaration was included as part of the DA office’s response to David Daleiden’s motion to quash the indictment against him, alleging prosecutorial misconduct. 

Under oath, Schaffer admitted that he and Assistant District Attorney Sunni Mitchell attempted to do an end-run around the Texas Attorney General’s directive to Mitchell to not share raw video footage with Planned Parenthood: “I was told that the Attorney General’s office agreed to give it to the Harris County District Attorney’s office on the condition that they not give it to Planned Parenthood. Mitchell told me that she would try to obtain the footage by other means.” In 2013, Mitchell was responsible for a Grand Jury that refused to indict Houston’s late-term abortionist Douglas Karpen. This was despite photographs and eyewitness testimony that implicated Karpen in illegal late-term abortions and homicide of born-alive infants, similar to Philadelphia’s notoriously convicted Kermit Gosnell. 

“The recent filings by the Harris County District Attorney confirm that the DA shared confidential documents and information with abortion provider Planned Parenthood, colluding with it in the prosecution of David Daleiden,” said Daleiden’s attorney, Thomas More Society Special Counsel Peter Breen. “These filings also include evidence that appears to show that the DA’s office worked with Planned Parenthood Gulf Coast to undermine the Texas Attorney General’s independent investigation of that abortion provider. The conduct of Harris County prosecutors in this case is outrageous and illegal. We look forward to pressing our motion to quash this indictment in court.” 

Read the State of Texas responses to undercover journalist David Daleiden’s Motion to Quash Indictment in the criminal court here [https://www.thomasmoresociety.org/wp-content/uploads/2016/05/CCL-11_States-Response-to-Defendants-MTQ_With-Exhibits_David-Robert-Daleiden.pdf] and in the civil case here [https://www.thomasmoresociety.org/wp-content/uploads/2016/05/States-Response-to-Defendants-MTQ_With-Exhibits_David-Robert-Daleiden.pdf] 

About the Thomas More Society

The Thomas More Society is a national not-for-profit law firm dedicated to restoring respect in law for life, family, and religious liberty. Headquartered in Chicago, the Thomas More Society fosters support for these causes by providing high quality pro bono legal services from local trial courts all the way up to the United States Supreme Court. For more information, visit www.thomasmoresociety.org.