Southwest Flight Attendant Files Lawsuit for Union Retaliation for Criticizing Union Boss Political Stances

Source: National Right to Work Legal Defense Foundation

Dallas, TX - October 10, 2017 (The Ponder News) -- With free legal aid from National Right to Work Legal Defense Foundation staff attorneys, a fired Southwest Airlines flight attendant sued her ex-employer and union officials on September 14, 2017, after voicing her views on abortion, supporting a National Right to Work law, and opposing union officials’ leadership. Charlene Carter has filed a court complaint against Transport Union Workers of America (TWUA) Local 556 and Southwest Airlines as well as Equal Opportunity Employment Commission employment discrimination charges against Southwest Airlines and Local 556.

Charlene Carter is a Christian who believes her faith requires that she spread her pro-life message. As a Southwest employee, Carter joined Local 556 in September 1996. She resigned her membership in September 2013 after learning that her union dues were going towards causes that violate her conscience.

As is her right, Carter dropped union membership but was still forced to pay fees to Local 556 as a condition of her employment. State Right to Work laws do not protect her from forced union fees because airline and railway employees are covered by the federal Railway Labor Act (RLA). The RLA allows union officials to have a worker fired for refusing to pay union dues or fees.

Carter often directly messaged the president of Local 556 with criticisms of the union’s leadership and political stances. Carter never had any communication from Southwest, from the union, or the union president that such speech was contrary to the terms of her employment. That changed in 2017, when after several years of dissatisfaction with union officials, Carter criticized the union for supporting abortion and voiced support for National Right to Work legislation that would end the requirement that she pay forced union fees to a union that advocates against positions about which she feels strongly.

A labor dispute amongst Local 556 members began in 2012 and lasted more than five years concerning the legitimacy of the Local 556 Executive board. Two members of the board were removed after their opponents filed misconduct claims against them. Under union bylaws, two candidates from the losing party were nominated to fill the vacant positions. Audrey Stone of the losing party was elected president by the newly installed executive board.

Over the next two years, more than 90 employees opted out of union membership in response to what they saw as an improper power grab. The election was again contested via a Department of Labor complaint, but that complaint was eventually dismissed by Labor Department officials. Through 2016, over 7,000 signatures were collected for a recall of Stone but the union executive board dismissed this petition as well.

In January 2017, Carter found out that Stone and other Local 556 officials probably used union dues to attend the “Women’s March on Washington DC” which showed support for several political positions she opposed, including abortion and funding for the abortion provider, Planned Parenthood.

Carter posted in various Facebook groups for Southwest flight attendants and sent a personal message to President Stone, explaining why she was upset her money was going towards causes she did not support. These complaints garnered no response from either the union or Southwest. But then, Carter sent Stone another e-mail exclaiming her support for a National Right to Work bill.
Only six days after sending Stone that e-mail, Carter received notification from Southwest managers that they needed to have a mandatory meeting as soon as possible in regards to “Facebook posts they had seen.” During this meeting, Southwest presented Carter screen shots of her pro-life postings. Southwest bosses questioned why she sent these messages, despite Carter explaining her beliefs. Southwest authorities said that Stone claimed to be harassed by these messages.

A week after this meeting, Carter was fired from her job. Southwest said she violated its “Workplace Bullying and Hazing Policy” and its “Social Media Policy” by sharing her pro-life beliefs because her message was “highly offensive in nature.” Carter had never previously received any discipline in her 20 year career with Southwest.

As Carter’s legal filings document, this explanation lacks any credulity. Throughout the five year labor dispute over the TWUA Local 556 executive board, supporters of Stone routinely encouraged violence, used vulgarities, and even sent death threats towards their fellow Southwest employees and union members who opposed Stone. Yet none of them have been fired for their offensive language, apparently because they had the right politics and supported the union brass.

“This case shows the extent to which union officials will wield their power over employers to violate the rights’ of the workers they claim to represent,” said Mark Mix president of the National Right to Work Foundation. “Charlene Carter did nothing wrong. She merely voiced her opinion and opposition to her money being used for causes she opposes, expressing her protected religious beliefs. Southwest and TWUA union officials need to be held accountable for violating Charlene’s rights and the National Right to Work Foundation is pleased to help her stand up to this campaign of harassment.”

Nurses in Puerto Rico Warn Dire Conditions, Slow Relief Effort Posing Urgent Health, Safety Crisis

Source: National Nurses United

Washington, D.C. - October 10, 2017 (The Ponder News) -- NNU’s Registered Nurse Relief Network (RNRN) sent 50 RNs as part of a 300-member deployment led by the AFL-CIO in conjunction with the Puerto Rican Federation of Labor and the San Juan Mayor’s office. They cite:

People who have yet to receive any food, water, and other supplies from FEMA or any other agency.

People standing in line for hours in blistering heat waiting for desperately needed water and food, only to finally see federal disaster officials bringing paperwork “to collect data” rather than critical supplies.

Multiple houses with roofs blown off and soaked interiors where there is dangerous black mold growing that creates respiratory distress and illness.

A breakout of leptospirosis, a dangerous bacterial disease that has already claimed lives.

Widespread devastation with families across the island who have seen no signs of FEMA or other federal relief officials.

“While we hear boasts of a great response, the reality on the ground is far different,” said Bonnie Castillo, RN, director of NNU’s RNRN program. “What our nurses witness daily is the harsh reality of a woefully inadequate government response and the brutal, inhumane impact on the Puerto Rican people. People are still without food and drinking water. That poses an enormous humanitarian threat in terms of disease, life, and death and who succumbs first,” Castillo said.

“There can be no more delays. There is an extreme threat to life. The Trump Administration, FEMA, and Congress must act immediately,” Castillo said.

On the southern edge of San Juan municipality, where there has been no contact with FEMA, Red Cross or any official relief. This family has been sleeping in their roofless house on soaking wet furniture for weeks. The youngest child has (unsurprisingly) developed a rash. When RN Lucia Lopez gave the mother hydrocortisone cream, she burst into tears.

Among first hand RN reports:

“Spent the day in Rio Grande, a hard hit area outside of San Juan. No power or water here since Maria. We set up a clinic at a FEMA site (their first time here). People lined up for blocks since 10 pm last night. But FEMA was only handing out papers! Papers, which need to be filled out in order that they might receive some reimbursement eventually. Each person received a small bottle of water, a mini bag of Cheeze-Its and a little pack of vanilla cookies. Outrageous. Meanwhile grocery stores have limited supplies and lines for many blocks. What amazes me is how kind, calm and sharing the Puerto Ricans are, sharing with and helping their friends, family and neighbors. We were able to provide care to some, not nearly enough, but one small contribution to this tragedy today. – Erin Carrera, RN

“Today we went to Corozal after meeting in the disaster command center this a.m. We set up a clinic at a school where families are living, and then the mayor drove us up a hill to do door-to-door assessments. Families were extremely relieved to see us. We are seeing a breakout of leptospirosis in the community here, at least three people have died and FEMA is not releasing water to the community. Yesterday, people stood in line since 10 p.m. the previous night in hopes FEMA would show up and give them food and water. To everyone's dismay FEMA showed up, but they were not there to get food or water, they were there to fill out paperwork. They handed one bottle of water and a snack pack of Cheez-It's. I saw many patients yesterday; there were so many I lost count. It was really sad, however it's always amazing to see the spirit of the community. Neighbors are banding together to care for each other offering their last food to us not knowing if there will be any more food delivered to them. -- Kent Savary, RN

"It's hell here. I fear this island will never recover. The people have nothing, yet they are first to offer you the shirt off their back." -- Laura Maceri RN

"We couldn't believe this is part of the United States. We did home visits in the low-income community today with the public health liaisons who identify those in need and help them do basic blood pressure checks, blood sugar checks, refill their meds, etc. They have already had chronic diseases going on and now their environment is full of hazardous materials and sanitation is so poor. They could not get a hold of their doctors due to closure of many clinics in the area. It's also hard to get prescriptions filled since they don't have money. We hope we can go further to the rural areas away from city where communications are cut off and people really can't get any help." -- Hau Cheng Yu, RN

RNRN volunteer nurses have cared for thousands of patients during disaster relief and humanitarian assistance deployments since the 2004 South Asian tsunami and Hurricanes Katrina and Rita. RNRN is powered by NNU, the largest union and professional association of registered nurses in the U.S.

Seven-State Electric Vehicle Highway Unveiled at Energy Summit

Source: National Governors Association

Denver, CO - October 10, 2017 (The Ponder News) -- Colorado Gov. John Hickenlooper, plus representatives from more than 30 states, gathered for the first meeting of National Governors Association (NGA) Chair Nevada Gov. Brian Sandoval’s initiative, Ahead of the Curve: Innovation Governors. The meeting specifically focused on energy innovation at the state level.

At the meeting, Gov. Hickenlooper announced that seven states—Colorado, Idaho, Montana, Nevada, New Mexico, Utah and Wyoming—will be working together to create the Regional Electric Vehicle (REV) Plan for the West, an electric vehicle corridor.

“I am honored to host such a diverse group of state officials focused on energy innovation,” Gov. Hickenlooper said. “I look forward to working with my colleagues in the West to create world-class infrastructure for electric vehicles as we look to the future of transportation.”

Gov. Sandoval, who was unable to attend the meeting due to the mass shooting in his state just days before, said, “As chair of the National Governors Association, I am pleased to announce the REV plan in the West with governors from both sides of the political spectrum. The plan shines a spotlight on how governors across the country are implementing innovative policies for the people of their states.”

In January, Gov. Sandoval will host the next meeting related to his initiative focused on transportation innovation in Las Vegas.

To learn more about the REV plan, click here.

To learn more about Ahead of the Curve, click here.

To learn more about the NGA Center for Best Practices Environment, Energy and Transportation Division, click here.

SOUTH DAKOTA ASKS SUPREME COURT TO ACCEPT SALES TAX CASE

Source: National Conference of State Legislature
By Lisa Soronen

South Dakota has filed a petition in South Dakota v. Wayfair asking the U.S. Supreme Court to hear a challenge to its law requiring out-of-state retailers to collect sales tax.

Mouse in shopping cartIn Quill Corp. v. North Dakota (1992), the Supreme Court held that states cannot require retailers with no in-state physical presence to collect sales tax.

In March 2015 Justice Anthony Kennedy wrote a concurring opinion stating that the “legal system should find an appropriate case for this court to re-examine Quill.” Kennedy criticized Quill in Direct Marketing Association v. Brohl for many of the same reasons the State and Local Legal Center stated in its amicus brief. Specifically, internet sales have risen astronomically since 1992 and states and local governments are unable to collect most taxes due on sales from out-of-state vendors.

Following the Kennedy opinion, a number of state legislatures passed legislation requiring remote vendors to collect sales tax. South Dakota’s law is the first to be ready for review by the U.S. Supreme Court. In September the South Dakota Supreme Court ruled that the South Dakota law is unconstitutional because it clearly violates Quill and it is up to the U.S. Supreme Court to overrule it.
Ruling in South Dakota’s favor will require the U.S. Supreme Court to take the unusual step of overruling precedent. In its petition South Dakota explains why the court should agree to hear this case and rule in its favor:

"Quill clearly needs to go. When this court considers overruling its precedent, it looks to whether the existing rule:

(1) is constitutional or statutory;
(2) has engendered reliance interests;
(3) has been undermined by changed circumstances;
(4) has been consistently criticized as inconsistent with broader doctrine; and (5) has proven “unworkable” or “outdated” with experience.

Quill fares poorly on every measure. It is a severely criticized, constitutional holding that itself warned when decided that it might later be reconsidered. It is also, in Justice Gorsuch’s words, a 'precedential island[] … surrounded by a sea of contrary law.' And after 25 years of technological progress and economic changes, it has proven entirely out of date."

At this point all South Dakota is asking the U.S. Supreme Court to do is agree to hear its case. The Supreme Court review is discretionary. Four of the nine Supreme Court justices must agree to hear any case. If the court refuses to do so, the South Dakota Supreme Court ruling that South Dakota’s law is unconstitutional will stay in place.

It is possible the court could hear this case this term meaning it would issue an opinion by the end of June 2018.

Lisa Soronen is executive director of the State and Local Legal Center and a frequent contributor to the NCSL Blog on judicial issues.

The National Association for Gun Rights opposes NRA-backed ban on firearm accessories

Source: The National Association for Gun Rights

Washington, D.C. - October 10, 2017 (The Ponder News) -- The National Association for Gun Rights is urging members of Congress to withhold their signatures from an anti-gun letter that is currently being circulated by Congressman Adam Kinzinger and Senator Dean Heller -- in concert with the NRA -- that calls for banning “bump stocks.”

The proposal outlined in the letter will not prevent future crimes or mass shootings, and will only lead to more federal destruction of constitutional rights.

If a gimmicky rifle stock can be banned, what’s next? Federal regulations on magazines, scopes, or bi-pods? A new round of restrictions on other features, like Senator Feinstein’s 1994 gun ban? A full resurrection of her so-called “Assault Weapons” Ban?

Make no mistake -- this is a red-herring, playing right into the hands of those who seek an open door to more federal regulations on firearms and accessories.

Despite the NRA’s endorsement of this ban, members of Congress are urged not to add fuel to this fire. The National Association for Gun Rights and its 4.5 million members and supporters will be carefully tracking and grading all support for the anti-gun Kinzinger letter, and all measures reflecting it in Congress.

Unanimous Mississippi Supreme Court Decides Columbus Mayor And Council Violated Open Meetings Act

Source: Mississippi Center for Public Policy

Washington, D.C. - October 10, 2017 (The Ponder News) -- The Mississippi Supreme Court ruled that the Mayor and City Council of Columbus violated the Open Meetings Act when they previously met in prearranged, non-quorum size gatherings to discuss public business, intending to circumvent the Act. This is the first time the Supreme Court has ever addressed the issue of whether meetings of public officials in less than quorum numbers violate the Open Meetings Act. The Mississippi Justice Institute represented The Commercial Dispatch in the appeal.

“This is a huge win for the citizens of Mississippi and for open and accountable government,” said Mike Hurst, Director of the Mississippi Justice Institute. “People are tired of backroom deals and secret agreements by government officials that affect their lives. The Supreme Court’s opinion puts public officials and bureaucrats on notice – you cannot circumvent the law and do the people’s business behind closed doors anymore. Today’s decision is a monumental victory for transparency in government.”

In 2014, the Columbus mayor scheduled multiple meetings with council members to discuss policy issues and determine matters involving economic development projects and renovation of city property. The meetings were not announced or open to the public. At the time, the mayor excluded a Commercial Dispatch reporter from some of these meetings. In December 2014, the Mississippi Ethics Commission held that the mayor and council violated the Open Meetings Act. The mayor and city council appealed the decision to the Lowndes County Chancery Court, which upheld the Ethics Commission’s decision. The mayor and city council then appealed to the Mississippi Supreme Court.

The original complaint against the Mayor and City Council was filed by Nathan Gregory, who at the time was a reporter for The Commercial Dispatch, a Columbus newspaper. The Commercial Dispatch eventually replaced Gregory as a party in the case. The Mississippi Justice Institute represented The Commercial Dispatch in the appeal.

The Mississippi Supreme Court ruled, “The four pairs of subquorum gatherings, along with the fact that they were prearranged, nonsocial, and on the topic of public business, illustrated the City’s intent to circumvent or avoid the requirements of the Act. The philosophy and spirit of the Act prohibit the City from intending and attempting to circumvent or avoid the requirements of the Act. Additionally, the plain language of Section 25-41-1 requires the subject gatherings to be open to the public. Thus, the City’s failure to hold open gatherings violated the Act.”

[The Ruling]

In concluding, the Supreme Court noted that, “Prearranged, nonsocial gatherings on public business that are held in subquorum groups with the intent to circumvent the Act are required to be open to the public under Section 25-41-1 of the Open Meetings Act. Thus, the trial court correctly found that the City violated the Open Meetings Act.”

Peter Imes, General Manager of The Commercial Dispatch said, “The public should have access to its government’s decision-making process, and this ruling upholds that idea. It’s a win for open government.”

Hurst concluded, “Whether raising taxes, spending taxpayer money or issuing regulations that affect people’s lives and property, people want to know what their government is doing. This decision clearly tells government officials to follow the law and do public business in the open.”

The Mississippi Justice Institute is also representing a local Meridian man against the Lauderdale County Board of Supervisors who have committed the same violations of the Open Meetings Act as found illegal in the present case by the Supreme Court. See http://www.msjustice.org/case/lauderdale-open-meetings-act/

The Mississippi Justice Institute was assisted in this appeal by Clay B. Baldwin, Esq. of the Baldwin Law Firm PLLC in Madison, Miss.

The Mississippi Justice Institute is the legal arm of the Mississippi Center for Public Policy. It represents Mississippians whose state or federal Constitutional rights have been threatened by government actions. Mississippi Justice Institute is supported by voluntary, tax-deductible contributions. It receives no funds from government agencies for its operations.

Cancelled HHS Rule Receives Praise

Below are statements from several organizations concerning the repealed HHS mandate by President Trump:

March for Life and Alliance Defending Freedom:

The following quotes may be attributed respectively to Alliance Defending Freedom Senior Counsel Gregory S. Baylor and March for Life President Jeanne Mancini regarding a new rule that the U.S. Department of Health and Human Services issued Friday that expands protections in the Obama-era abortion-pill mandate for organizations with pro-life religious or moral convictions. That mandate had forced many employers, regardless of those beliefs, to provide abortion-inducing drugs, sterilization, and contraception under threat of heavy penalties by the Internal Revenue Service and other federal agencies if the mandate’s requirements weren’t met:

“The beliefs that inspire Christian colleges and universities and the Little Sisters of the Poor to serve their communities should be protected,” said Baylor. “During his campaign, President Trump promised that protecting religious liberty would be a top priority and people of faith would not be bullied on his watch. We are pleased that this rule is a major step forward in keeping that promise and restoring back to people of faith their constitutionally protected freedom. We are also pleased the rule protects the conscience convictions of organizations like March for Life, an organization that bases its pro-life beliefs on science and philosophy, and hosts the largest pro-life gathering in the world every year in Washington, D.C.

“Although organizations that filed civil rights lawsuits will still need final relief from the courts, it is encouraging to see the Trump Administration affirm the principle that all Americans should be free to peacefully live and work according to their faith and conscience without threat of government punishment. Access to contraception and other drugs and devices will continue to be as widely and readily available as it always has been for those who want these items. We commend the president for his commitment to freedom and restoring the choice of religious and pro-life employers and their female employees to work at organizations consistent with their convictions. We expect that the Department of Justice will work with us to quickly resolve these cases in a manner that fully and permanently protects the freedom of conscience of our clients.

“The March For Life Education and Defense Fund exists to protect and defend life from conception. When we were forced by the Obama administration to carry drugs and devices that destroy life in its early stages we were appalled and ultimately needed to seek legal protection. It is un-American to force non profit organizations to defy their very reason for being on something as important as life. We are grateful to the Trump Administration for this rule which will allow pro-life organizations to freely operate according to their beliefs on something as important as the protection of life and look forward to final resolution of our case in court that is consistent with this rule,” said Mancini, a litigant against the mandate. “Our nation has a rich history of protecting conscientious objectors and pro-life organizations must be free to operate according to their beliefs.”

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

National Religious Broadcasting

Dr. Jerry A. Johnson, President & CEO of National Religious Broadcasters, issued the following statement today in response to new religious liberty protections issued by the Trump administration:

"This a major victory for every American to exercise their freedom to believe, and to live, their faith. I look forward to looking at the details, but we are very thankful that the President and his team are moving in the right direction on religious liberty.

The National Religious Broadcasters (NRB) is a nonpartisan, international association of Christian communicators whose member organizations represent millions of listeners, viewers, and readers. Our mission is to advance biblical truth, promote media excellence, and defend free speech. In addition to promoting standards of excellence, integrity, and accountability, NRB provides networking, educational, ministry, and fellowship opportunities for its members.

National Right to Life

The Department of Health and Human Services (HHS) today released a bulletin through the Center for Medicare and Medicaid Services (CMS) reiterating that qualified health plan issuers must segregate collected premiums to pay for abortion coverage; that enrollees be informed if abortions are covered by a qualified health plan; and that HHS intends to fully enforce these requirements as a step toward ensuring that federal tax dollars are not used to subsidize coverage for elective abortion.

A 2014 report by the Government Accountability Office (GAO) provided dismaying confirmation of earlier predictions by National Right to Life that federally subsidized abortion coverage would become a widespread feature of Obamacare. The report found that more than one thousand federally subsidized exchange plans covered elective abortion. The GAO findings validated previous charges by National Right to Life that the federal taxpayer is subsidizing the purchase of abortion-covering plans on a massive scale.

“While only comprehensive legislative reform can cure the multiple abortion-expanding components of Obamacare, today’s guidance from the Trump Administration takes a good first step to keep the federal government out of the business of paying for abortion until Obamacare can be replaced,” said Jennifer Popik, J.D., National Right to Life legislative director.

National Right to Life President Carol Tobias added, “We applaud President Trump and his administration for enforcing the law and seeking to uphold the principles of the Hyde Amendment to prevent the use of tax dollars to pay for abortion coverage.”

Additionally, HHS announced interim final rule changes to the Affordable Care Act and HHS coverage mandate that would protect moral and religious rights of conscience.

“Rights of conscience are extremely important to the right-to-life movement to protect medical professionals, religious institutions and employers from being forced to participate in abortion,” said Tobias. “We commend President Trump for keeping his campaign promises by supporting these rights of conscience. These rule changes will help promote a policy that protects pro-life rights of conscience with regard to abortion.”

Under President Obama’s administration, pro-abortion forces not only put increasing pressure on health care providers to violate their moral convictions with regard to abortion, but also backed efforts to force employers, including religious institutions and organizations that object to abortion, to cover abortion in their insurance plans.

“No one should be forced to participate in abortion against their religious or moral convictions,” Tobias said.

Founded in 1968, the National Right to Life Committee (NRLC), the federation of 50 state right-to-life affiliates and more than 3,000 local chapters, is the nation’s oldest and largest grassroots pro-life organization. Recognized as the flagship of the pro-life movement, NRLC works through legislation and education to protect innocent human life from abortion, infanticide, assisted suicide and euthanasia.

Operation Rescue

Today, the Trump Administration announced new rules that will provide new conscience protections for Americans.

As a result of the rules, those who have moral or religious objections to contraceptive and abortifacient services will now be exempt from paying for them in Obamacare insurance policies. The exemptions will apply to individuals as well as organizations and small businesses.

In May, President Donald Trump signed the “Executive Order Promoting Free Speech and Religious Liberty” in which he advised the Departments of Health and Human Services, Treasury, and Labor, to consider amending rules under the Obama Administration that essentially forced Americans to violate their consciences with mandated payments in their Obamacare health insurance policies for contraceptive and abortifacients that they found morally objectionable. Today’s action is in response to that directive.

“Thank you, Mr. President, for your leadership in protecting the religious liberties we hold dear,” said Troy Newman, President of Operation Rescue. “We are sincerely grateful for this action that will now restore governmental respect for the deeply held beliefs of Americans who oppose abortion, abortifacient drugs, and certain life-destructive contraceptives.”
The unjust “Obamacare Mandate” had suffered repeated losses in the US. Supreme Court, which ruled the government is not allowed to punish organizations or businesses for their beliefs.

VICTORY: Kountze Cheerleaders Win at Texas Appeals Court

Source: First Liberty

Washington, D.C. - October 9, 2017 - (The Ponder News) -- In yet another win and precedent for private speech protected by the First Amendment, the Texas Court of Appeals for the Ninth District last week ruled in favor of the Kountze, TX cheerleaders who were banned from including Bible verses on run-through banners at football games. The school district prohibited the banners after receiving a demand letter from the Freedom From Religion Foundation (FFRF), and was also supported by the American Civil Liberties Union (ACLU).

“This is another great victory for the free speech and religious liberty rights of all Texas students,” Kelly Shackelford, President and CEO of First Liberty Institute, stated in a press release. “Hopefully this ruling will bring clarity and closure to this issue for all Texas students and schools.”

“We are pleased that once again religious liberty is vindicated and that cheerleaders across the state of Texas have the right to have religious messages on banners at high school football games,” stated Hiram Sasser, General Counsel to First Liberty. “No school district should be able to censor, ban, or claim ownership of the private religious speech of its students.”

CHEERLEADERS PAINT VERSES ON BANNERS…AND THE FFRF TAKES NOTICE

The case began back in 2012, when cheerleaders in Kountze, Texas, decided to paint Bible verses on run-through banners for football games. The Wisconsin-based FFRF, however, caught wind of what the cheerleaders were doing and sent a letter to the school district. The Kountze ISD responded by banning the cheerleaders from painting the verses on the banners.

The cheerleaders decided to stand up for their religious freedom rights. First Liberty and volunteer attorney David Starnes filed a lawsuit on their behalf and won at the district court level.

At that point, the school district appealed, with the ACLU filing a brief in support of Kountze ISD. The school district decided to allow the banners, and the court of appeals declared the case moot. However, the school district still claimed the cheerleaders’ banners to be government speech subject to the school’s censorship.

First Liberty, with Starnes and Jim Ho of Gibson, Dunn & Crutcher, as lead counsel, appealed the mootness ruling to the Texas Supreme Court. First Liberty asked the Texas Supreme Court to review the case and reaffirm the cheerleaders’ rights.

U.S. Senators Ted Cruz and John Cornyn filed an amicus brief in support of the cheerleaders, and so did Texas Attorney General Ken Paxton.

VICTORY FOR THE CHEERLEADERS

In January 2016, the Texas Supreme Court ruled  8-0 in favor of the cheerleaders and remanded the case back to the Ninth District. Then, on September 28, 2017, the Ninth District ruled completely in favor of the cheerleaders.

In his opinion, Justice Charles Kreger of the Ninth District wrote that “the Cheerleaders’ speech…is best characterized as the pure private speech of the students.”

“All these cheerleaders have ever wanted is the opportunity to cheer on their classmates with a message of their own choosing and their own faith,” David Starnes stated in the press release issued the same day as the ruling. “Today’s decision provides just that opportunity.”

The ruling also demonstrates the power of legal precedent. The opinion cited many precedents, including two First Liberty cases: Morgan v. Swanson (better known as the Plano “Candy Cane Case” ) and the case of Pounds v. Katy ISD.

In the “Candy Cane Case,” the U.S. Court of Appeals for the Fifth Circuit upheld the religious freedom rights of elementary students banned by school officials from giving religiously-themed gifts at Christmastime. Justice Kreger included several quotes from Morgan v. Swanson in his analysis of the Kountze case.

STUDENTS HAVE CONSTITUTIONAL RIGHTS AT SCHOOL

As U.S. Supreme Court Justice Abe Fortas wrote in his famous Tinker v. Des Moines Independent Community School District (1969) opinion, “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

First Liberty Institute is committed to protecting religious freedom in the sphere of education and has successfully represented clients from elementary school to the university level. For more information about religious liberty in the public schools, download First Liberty’s free Religious Liberty Protection Kit for Students and Teachers.

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.

Brady Statement on September 2017 Jobs Report

Source: House Ways and Means Committee

Washington, D.C. - October 9, 2017 - (The Ponder News) -- House Ways and Means Committee Chairman Kevin Brady (R-TX) released the following statement in response to the Labor Department’s September 2017 jobs report:

“It’s clear from this jobs report that Hurricanes Harvey and Irma not only devastated communities in Texas and Florida, they devastated their local economies as well. Record-high flooding, wind gusts, and power outages kept thousands of Americans from going to work and earning a paycheck – money they desperately need to recover from these disasters,

“As Congress and President Trump continue working to help those hurt by recent hurricanes regain their strength, we’re also taking action on transformational tax reform that will grow our economy and help Americans of all walks of life. By passing a budget that paves the way for tax reform, the House took a major step yesterday toward creating more jobs, fairer taxes, and bigger paychecks. In the weeks ahead, the Ways and Means Committee will move forward with pro-growth, pro-middle-class tax reform legislation that Congress will ultimately send to the President’s desk this year, for the first time in 31 years.”

Note: The U.S. Department of Labor reported today that the economy lost 33,000 jobs in September and the unemployment rate was 4.2 percent. The jobs report covers the 50 states and District of Columbia, but not Puerto Rico or the U.S. Virgin Islands.