Counseling Ban Violates Free Speech

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by: Liberty Counsel

Atlanta, GA - April 11, 2019 - (The Ponder News) -- Liberty Counsel filed a brief in the Eleventh Circuit Court of Appeals, in an appeal challenging the constitutionality of ordinances enacted by the City of Boca Raton and Palm Beach County, which prohibit minors from receiving voluntary counseling from licensed professionals to reduce or eliminate unwanted same-sex attractions or behaviors, or gender confusion.

The appeal is from an order signed by U.S. District Court Judge Robin Rosenberg denying a preliminary injunction blocking the ordinances which was sought by Liberty Counsel on behalf of Dr. Robert Otto, LMFT, Dr. Julie Hamilton, LMFT, and their minor clients. These licensed therapists provide life-saving counseling to minors who desperately desire to conform their attractions, behaviors, and gender identities to their sincerely held religious beliefs.



In denying the preliminary injunction, Judge Rosenberg disregarded binding precedent and avoided ruling on the central constitutional claim in the case. In National Institute for Family & Life Advocates v. Becerra (NIFLA), involving crisis pregnancy centers, the U.S. Supreme Court made it clear that the government must satisfy the highest constitutional scrutiny when it enacts laws infringing on the speech of licensed professionals. Although Judge Rosenberg acknowledged that the city and county failed to show that their ordinances satisfy this high scrutiny, she still denied the preliminary injunction.

“These ordinances are unconstitutional speech restrictions that violate the First Amendment,” said Mat Staver, Founder and Chairman of Liberty Counsel. “We have a number of similar challenges pending in other federal courts. It is just a matter of time before one of them gets to the Supreme Court and may put an end to these draconian speech restrictions,” said Staver.

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics. Liberty Counsel provides broadcast quality TV interviews via Hi-Def Skype and LTN at no cost.

UN Votes Against Jerusalem As Capital

By Liberty Counsel



Washington, D.C. - December 22, 2017 - (The Ponder News) -- The United Nations General Assembly voted 128-9 in an emergency session to declare President Trump’s declaration of Jerusalem as Israel’s capital “null and void.”

U.S. Ambassador to the U.N., Nikki Haley, said the United States will put its embassy in Jerusalem regardless of the vote. However, President Trump will cut off financial aid to countries that vote in favor of a United Nations resolution draft calling for the United States to withdraw its decision to recognize Jerusalem as Israel’s capital.

“The United States will remember this day in which it was singled out for attack in this assembly,” Haley said. “We will remember it when we are called upon to once again make the world’s largest contribution” to the U.N. and when other member nations ask Washington “to pay even more and to use our influence for their benefit.”

The draft U.N. resolution calls on all countries to refrain from establishing diplomatic missions in Jerusalem. Today, there were 128 countries voting for the U.N. resolution seeking to challenge President Trump’s announcement recognizing Jerusalem as the capital of Israel. Nine nations voted “no” and 35 abstained, including Australia and Paraguay.

“The U.N. is a theater of the absurd,” said Mat Staver, Founder and Chairman of Liberty Counsel, President of Christians in Defense of Israel, and Founder and Chairman of Covenant Journey. “It has become a worthless institution and an instrument of attack against Israel. I am happy that America has a strong president and ambassador who will not be bullied. Why we continue to fund the U.N. is a legitimate question which this vote brings into focus. Of all the pressing world issues with North Korea, Iran, and terrorism, the U.N. ignores them and instead calls an emergency meeting to dispute the historical reality that Jerusalem is the capital of Israel and to challenge where the United States chooses to place its embassy. I hope President Trump follows through with consequences that include defunding the U.N.,” said Staver.


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DOJ Appeals Military “Transgender” Ruling

By Liberty Counsel




Washington, D.C. - December 14, 2017 - (The Ponder News) -- The Department of Justice (DOJ) has filed an appeal in a D.C. federal appeals court after the U.S. District Court for the District of Columbia said the military must begin accepting so-called “transgender” recruits on January 1, despite opposition from President Trump and the Pentagon.

The DOJ is currently reviewing the legal options to ensure that the president’s directive can be implemented. The Pentagon, under the direction of former President Obama, had originally set the January 1 deadline before President Trump declared a ban on all “transgender” military personnel earlier this year.

Two U.S. district courts, one in the District of Columbia and one in Maryland, blocked enforcement of President Trump’s proposed August 2017 ban on “transgender” persons in the armed services. According to the Defense Department, those courts required the branches to begin allowing such recruits to sign up for military service. A third order was issued Monday, by a U.S. District judge who also allowed the state to challenge the ban, stating that Washington has an interest in protecting its residents from discrimination.

In the August 2017 order, President Trump reversed policies put in place by the Obama administration in June 2016. Those Obama administration policies themselves reversed long-standing military rules against “transgender” people serving in the U.S. Armed Forces. Prior to June 2016, “transgender” people were not permitted to enlist in the military and members of the military who identified themselves as “transgender” were discharged. Obama's Department of Defense announced in June 2016 that openly “transgender” people would be permitted to enlist in the military as of January 1, 2018 and those already in the military could not be discharged.

“These court rulings are not in the best interest of the military and our national security,” said Mat Staver, Founder and Chairman of Liberty Counsel. “The duty of military officers is to appropriately lead and prepare their personnel to serve and protect, and they cannot do that when there is confusion, dysfunction and distraction about a person’s gender preference. President Trump has tried to refocus the mission to emphasize military readiness and unit cohesion, and the courts have no business telling the Commander-in-Chief who is eligible to serve,” said Staver.

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.


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DOJ Investigating Planned Parenthood

By Liberty Counsel


Washington, D.C. - December 12, 2017 - (The Ponder News) -- The Department of Justice (DOJ) is now investigating Planned Parenthood regarding the sale of aborted baby body parts for profit. Last Friday, DV Biologics and DaVinci Biosciences, which purchased aborted baby body parts from Planned Parenthood abortion clinics, agreed to pay $7.785 million and cease all business operations in California.

Justice Department Assistant Attorney General for Legislative Affairs Stephen Boyd sent a letter to the Senate Judiciary Committee requesting unredacted documents underlying a 2016 investigation by the committee into the exchange of human fetal tissue that had been donated for research by women who got abortions.

The Senate Judiciary Committee and the House Select Investigative Panel on Infant Lives both referred Planned Parenthood and the organ procurement companies to the Department of Justice for criminal investigation and prosecution. Based on its findings, the Judiciary Committee’s report, “Human Fetal Tissue Research: Context and Controversy,” concluded that the executive branch had failed for years to exercise oversight on the tissue transfer process and created a situation where costs and fees were not properly accounted for. The report recommended that the Justice Department “fully investigate” the fetal tissue practices of Planned Parenthood, its affiliates, and three companies involved in the sale of the tissue for potential crimes.

The DOJ investigation comes as a result of the 14 undercover videos produced by the Center for Medical Progress that show Planned Parenthood officials trafficking body parts of aborted babies, flippantly negotiating prices and abortion methods to sell aborted baby hearts, lungs, livers and brains. Liberty Counsel represents Sandra “Susan” Merritt, one of the two journalists with the Center for Medical Progress, whose undercover work exposed Planned Parenthood’s barbaric practices of harvesting organs from aborted babies and selling them to organ procurement organizations, including StemExpress, LLC, Advanced Bioscience Resources, Inc. and Novogenix Laboratories, LLC., for profit. Cecil Richards, Planned Parenthood’s CEO, has admitted before Congress that the recordings were made in public places and were not confidential.

The sale or purchase of human fetal tissue is a felony punishable by up to ten years in prison or a fine of up to $500,000.

“This investigation of Planned Parenthood is long overdue,” said Mat Staver, Founder and Chairman of Liberty Counsel. “The Obama administration shielded Planned Parenthood from scrutiny. The smothered voices of innocent children cry out for justice. There is no amount of money that can bring back all the precious lives lost due to the despicable actions of Planned Parenthood and these organ procurement companies. Two of the organ procurement companies have now faced the consequences of their barbaric acts. Now it is time for Planned Parenthood to face justice,” said Staver.

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.

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AG Reverses Policy on Gender-Identity Rights

Source: Liberty Counsel

Washington, D.C. - October 12, 2017 - (The Ponder News) -- Attorney General Jeff Sessions issued a new memorandum stating that Title VII of the Civil Rights Act of 1964 bans gender discrimination, but does not include sexual orientation or gender identity, in the workplace.

Title VII specifically bars employers from discriminating against employees based on sex, race, color, national origin and religion. The Attorney General officially withdrew a 2014 Obama-era policy protecting so-called "transgender" employees from discrimination under Title VII. The Attorney General stated that the Department of Justice will no longer interpret Title VII to mean that the law's protections extend to discrimination based on gender identity. Sessions said the change will apply to "all pending and future matters" relating to "transgender" workers, which means that it could have an immediate impact on open discrimination cases.

Sessions wrote in the memo: "Title VII expressly prohibits discrimination 'because of…sex'…and several other protected traits, but it does not refer to gender identity. "Sex is ordinarily defined to mean biologically male or female. Congress has confirmed this ordinary meaning by expressly prohibiting, in several other statutes, 'gender identity' discrimination, which Congress lists in addition to, rather than within, prohibitions on discrimination based on 'sex' or 'gender.' Accordingly, Title VII's prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status. Therefore, as of the date of this memorandum, which hereby withdraws the December 15, 2014, memorandum, the Department of Justice will take that position in all pending and future matters…"

"Title VII of the Civil Rights Act of 1964 has never included sexual orientation or gender identity," said Mat Staver (photo), Founder and Chairman of Liberty Counsel. "We commend Attorney General Jeff Sessions for ending the Obama-era policy that purported to allow Title VII to be interpreted to include so-called "transgender" employee rights," said Staver.

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.

Trump Instructs DOJ to Protect Religious Freedom

Source: Liberty Counsel

Washington, D.C. - October 9, 2017 - (The Ponder News) -- The Trump administration strongly protected the free exercise of religion by reversing Obama-era policies with new legal guidance issued to the Department of Justice (DOJ) by Attorney General Jeff Sessions.

The Attorney General issued two memoranda. The first addressed to all administrative agencies and executive departments, identifies 20 key principles of religious liberty. The guidance reminds agencies of their obligations under federal law to protect religious liberty, and summarizes twenty key principles of religious-liberty protections that agencies can use in that effort. It explains that agencies should use these principles to protect religious liberty in all aspects of their work, including as employers, rule-makers, adjudicators, contract- and grant-makers and program administrators.

On specific policies, the guidance states that government may not exclude religious organizations from secular aid programs and the IRS may not enforce the Johnson Amendment which restricts tax-exempt organizations, including churches and religious organizations, from endorsing or opposing candidates for elected office.

Attorney Sessions’ second memorandum, addressed to DOJ components and United States Attorney’s offices, directs the implementation of that guidance within the Department.

The 20 key principles are:

1. The freedom of religion is a fundamental right of paramount importance, expressly protected by federal law.

2. The free exercise of religion includes the right to act or abstain from action in accordance with one's religious beliefs.

3. The freedom of religion extends to persons and organizations.

4. Americans do not give up their freedom of religion by participating in the marketplace, partaking of the public square, or interacting with government.

5. Government may not restrict acts or abstentions because of the beliefs they display.

6. Government may not target religious individuals or entities for special disabilities based on their religion.

7. Government may not target religious individuals or entities through discriminatory enforcement of neutral, generally applicable laws.

8. Government may not officially favor or disfavor particular religious groups.

9. Government may not interfere with the autonomy of a religious organization.

10. The Religious Freedom Restoration Act of 1993 prohibits the federal government from substantially burdening any aspect of religious observance or practice, unless imposition of that burden on a particular religious adherent satisfies strict scrutiny.

11. RFRA's protection extends not just to individuals, but also to organizations, associations, and at least some for-profit corporations.

12. RFRA does not permit the federal government to second-guess the reasonableness of a
religious belief.

13. A governmental action substantially burdens an exercise of religion under RFRA if it bans an aspect of an adherent's religious observance or practice, compels an act inconsistent with that observance or practice, or substantially pressures the adherent to modify such observance or practice.

14. The strict scrutiny standard applicable to RFRA is exceptionally demanding.

15. RFRA applies even where a religious adherent seeks an exemption from a legal obligation requiring the adherent to confer benefits on third parties.

16. Title VII of the Civil Rights Act of 1964, as amended, prohibits covered employers from discriminating against individuals on the basis of their religion.

17. Title VIl's protection extends to discrimination on the basis of religious observance or practice as well as belief, unless the employer cannot reasonably accommodate such observance or practice without undue hardship on the business.

18. The Clinton Guidelines on Religious Exercise and Religious Expression in the Federal Workplace provide useful examples for private employers of reasonable accommodations for religious observance and practice in the workplace.

19. Religious employers are entitled to employ only persons whose beliefs and conduct are consistent with the employers' religious precepts.

20. As a general matter, the federal government may not condition receipt of a federal grant or contract on the effective relinquishment of a religious organization’s exemptions or attributes of its religious character.

The DOJ earlier this year demonstrated a shift in policy from the Obama administration as it commented on Zarda v. Altitude Express at the U.S. Federal Court of Appeals, which contends that Title VII of the Civil Rights Act of 1964 bans gender discrimination, but does not include sexual orientation or gender identity, in the workplace. The guidance today demonstrates further that the DOJ recognizes that religious liberty principles are in fact stalwart even when challenged by special interest groups.

“We commend President Trump for instructing Attorney General Jeff Sessions to send a strong message to the rest of America that religious freedom must be protected,” said Mat Staver, Founder and Chairman of Liberty Counsel. “The President has reversed the Obama-era policies and committed to protecting and promoting the religious freedom upon which this nation was founded. The Department of Justice must now vigorously enforce all Americans’ civil right of free exercise of religious liberty. This is an extremely positive step in the right direction,” said Staver.

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.

Israeli Mayors Encourage US to Stop Funding Terrorism

Source: Liberty Counsel

Washington, D.C. - September 22, 2017 (The Ponder News) -- A letter on behalf of 24 Israeli mayors representing 450,000 residents of Judea and Samaria was sent to U.S. Senator Tom Cotton to encourage U.S. Senators to pass the Taylor Force Act. This bill, which will defund the Palestinian Authority (PA) until its ceases payments and benefits that reward terrorists and their families for terroristic acts against Israel and the United States. Having passed the Senate Foreign Relations Committee, the bill now awaits a vote by the full Senate.

The letter from the Israeli mayors states: “If we truly want to give peace and coexistence a chance to blossom, then removing the poisonous message the underlies the need for the Taylor Force Act is a critical first step. The PA should receive the very clear message that the U.S. government will no longer look the other way when terrorists are publicly glorified. By exposing these blatant efforts to influence the next generation of Palestinians away from genuine peace efforts, your amendment actually gives peace a chance to take root.”

The Taylor Force Act will force the PA to face the consequences of its violence if it does not end this abhorrent practice of funding terrorism. The PA currently gives over $300 million annually to terrorists and their families. However, since the U.S. provides over $700 million of direct and indirect aid to the Palestinians, American taxpayer dollars are providing the funds to reward terrorists who kill American and Israeli citizens. As soon as attackers are arrested, the PA provides canteen expenses, salary and health benefits. A government job upon release is guaranteed for those sentenced to five or more years. The families of “martyrs” also receive large payments for the loss of their family member.

If the bill is enacted, the PA would have to revoke any law, decree or document authorizing a compensation scheme for prisoners “that uses the sentence or period of incarceration to determine the level of compensation paid” in order to receive U.S. funds. The secretary of state would also have to certify that the PA “has terminated payments for acts of terrorism against American and Israeli citizens after the attackers being fairly tried and who have been imprisoned for such acts of terrorism, including the family members of the convicted individuals.” The PA would also have to take “credible steps” against incitement to violence against Israelis and Americans.

Liberty Counsel and Christians in Defense of Israel have provided information to legislators to pass this bill. This legislation is named in memory of U.S. army veteran and Vanderbilt student, Taylor Force, who served in combat deployments to Afghanistan and Iraq, only to be senselessly killed as a civilian by a Palestinian terrorist in Israel.

“We stand with these Israeli mayors and residents of Israel and urge the Senate to pass the Taylor Force Act that will cut the supply of blood money from U.S. taxpayers to the Palestinian Authority,” said Mat Staver, Chairman of Liberty Counsel, President of Christians in Defense of Israel, and Founder and President of Covenant Journey. “As the Israeli mayors state in their letter, ‘we must remove the poisonous message that underlies the need for the Taylor Force Act’ if we have any hope for peace. We cannot reward acts of terrorism like the one that tragically took the life of Taylor Force. ‘Pay to Slay’ must end. The murder of innocent Americans and Israelis must end,” said Staver.

Liberty Counsel is an international litigation, education, and policy organization. Liberty Counsel has a number of affiliated ministries, including Christians in Defense of Israel and Covenant Journey, a program that provides a life-changing experience in Israel for Christian college-age students who have leadership potential. Find out more at www.LC.org and www.CovenantJourney.org.