Friday, September 8, 2017

LEGAL BRIEF TO U.S. SUPREME COURT: CAKE BAKER’S PUNISHMENT FOR MARRIAGE VIEWS IS UNCONSTITUTIONAL

Source: Texas Values

Austin, TX - September 8, 2017 (The Ponder News) -- Texas Values today joined 32 state family policy organizations from across the country supporting a Colorado cake shop owner who is being forced by the government to make a cake with a specific theme: celebrating a same-sex wedding ceremony.

The Colorado government entity also required the owner, Jack Phillips, to re-educate his staff, most of whom are his family members—essentially telling them that he was wrong to operate his business according to his faith. He must also report to the government for two years, describing all cakes that he declines to create and the reasons why. As a result of this ruling, Phillips has lost an estimated 40 percent of his business.

In a friend-of-the-court brief filed for the U.S. Supreme Court case Craig v. Masterpiece Cakeshop, Texas Values argues that legal decisions against the defendant, Phillips, undermines a constitutional firewall against compelled speech and will drive from the marketplace creative professionals who dissent from state-mandated orthodoxy on matters of ‘politics, nationalism, religion, or other matters of opinion.’”

Said Jonathan Saenz, President of Texas Values:

“The First Amendment protect religious liberty and freedom of speech and by no means gives government power to compel artists such as Jack Phillips to express someone else’s message, particularly on an issue such as marriage that has been widely debated in our country. We Texans are proud of our heritage of individual liberty, and we urge the High Court to stand up for our first freedoms by upholding Mr. Phillips’s right to express himself – or to choose not to express himself – according to the dictates of his own conscience, and not based on force by the government.”

Click here to see the legal brief.

The Colorado Supreme Court declined to take the case after the state’s Court of Appeals affirmed a Colorado Civil Rights Commission decision from May 2014. That decision ordered Phillips and his employees to design custom cakes that celebrate same-sex ceremonies if the shop designs cakes for opposite-sex ceremonies

In July 2012, Charlie Craig and David Mullins asked Phillips to design a wedding cake to celebrate their same-sex ceremony. In an exchange lasting about 30 seconds, Phillips politely declined, explaining that he would gladly make them any other type of baked item they wanted, but that he could not design a cake promoting a same-sex ceremony. Phillips regularly declines opportunities to create custom cakes for events that violate his convictions, including Halloween cakes, anti-American cakes, adult-themed cakes, cakes containing alcohol, and cakes that would disparage others.

Craig and Mullins, now represented by the American Civil Liberties Union, picketed Phillips and filed a complaint with the Colorado Civil Rights Commission, which eventually ruled against Phillips. The same-sex couple was easily able to obtain their desired rainbow-themed cake for free from another nearby cake artist.

In contrast to the ruling against Phillips, the commission found in 2015 that three other Denver cake artists were not guilty of creed discrimination when they declined a Christian customer’s request for a cake that reflected his religious opposition to same-sex marriage. The commission found those bakers had the right not to create custom cakes based on the requested message.

More about the background of the case here.


National Review Senior Fellow and former prospective Presidential candidate David French is legal author for the brief.

Texas Values is a nonprofit organization dedicated to standing for faith, family, and freedom in Texas.


Related News: Life Legal Files Joint Amicus Brief with SCOTUS in Masterpiece Cakeshop Case

House Passes Disaster Relief, Sending Bill to Trump

Source: NBC News
Source: Texas Governor Gregg Abbott


Texarkana, TX - September 8, 2017 (The Ponder News) -- NBC News has reported:

The House passed a $15 billion disaster relief package Friday morning with a broad bipartisan majority, sending the measure to President Donald Trump, who is expected to sign it into law later in the day.

With the cleanup efforts from Hurricane Harvey running out of money and Hurricane Irma bearing down on Florida, Congress acted quickly, taking only three days to move the measure through both legislative bodies. But the bill, which includes a deal struck between the president and Democratic leaders to include short-term extensions of overall government funding and the nation's debt ceiling, saw sizable defections among Republicans in both chambers.

Read more by clicking here...

Governor Greg Abbott issued the following statement after Congress passed a $15.3 billion relief package in the aftermath of Hurricane Harvey.

"I thank the bipartisan and overwhelming majority of Congress that voted in favor of this disaster relief bill,” said Governor Abbott. "Although the recovery process is just beginning, Texans can rest assured that our federal partners are with them in their time of need. This initial down payment passed by Congress will go a long way in helping victims of the storm rebuild their lives and their communities."

Life Legal Files Joint Amicus Brief with SCOTUS in Masterpiece Cakeshop Case

Source: Life Legal Defense Foundation

Washington, D.C. - September 8, 2017 (The Ponder News) -- Life Legal has collaborated with the Bioethics Defense Fund in an amicus brief filed with the Supreme Court yesterday in Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission. The brief was written on behalf of the American College of Pediatricians and other pro-life health professionals.

As you may be aware, the Masterpiece case involves a baker who was asked to create a cake for the wedding of a same-sex couple. The baker, Jack Phillips, said he could not use his artistic talents to give approval to a marriage that violated his religious beliefs. In response, the Colorado Civil Rights Commission said Phillips' religious beliefs were illegal and prohibited him from designing any wedding cakes, which resulted in the loss of 40% of his business. The Commission imposed draconian reporting requirements on Phillips, forcing him to provide a detailed account of the reasons for any orders he declines.

So why would Life Legal, a pro-life law firm, file a Supreme Court brief in support of a baker?

If the State of Colorado can destroy Phillips' business because he chooses not to use his skills to create a product that expresses the state's sentiment on a controversial issue, what is to stop a state from forcing any professional to violate his or her deeply held belief in furtherance of the state's viewpoint?

Our concern is that the Masterpiece Cakeshop case is "likely to have rapid and lasting impact on the rights of medical professionals to practice their professions consistently with their consciences and the teachings of their faiths on issues of life and death—or indeed to practice their professions at all."

"Masterpiece Cakeshop has enormous implications for the First Amendment rights of everyone in the workplace, especially those whose deeply held beliefs require them to opt out of certain practices," said Life Legal Defense Foundation Executive Director Alexandra Snyder. "We have seen increasing pressure on health care professionals, in particular, to perform or facilitate abortions or risk losing their livelihoods. Life Legal trusts that the Supreme Court will adhere to precedent in guarding First Amendment freedoms, including protections against laws compelling speech and activities that violate religious and conscience objections."

Click here to read the brief

Life Legal Defense Foundation was established in 1989, and is a nonprofit organization composed of attorneys and other concerned citizens committed to giving helpless and innocent human beings of any age, and their advocates, a trained and committed voice in the courtrooms of our nation.

Judicial Watch: Court Hearing on Monday, September 11, Regarding Taxpayer Lawsuit over San Francisco's Sanctuary Policy

Source: Judicial Watch

Washington, D.C. - September 8, 2017 (The Ponder News) -- Judicial Watch has announced a court hearing will be held on Monday, September 11, 2017, before Judge Harold A. Kahn regarding Judicial Watch's taxpayer lawsuit against San Francisco Sheriff Vicki Hennessy and the San Francisco Sheriff's Department (SFSD) to prevent the use of taxpayer funds on policies "that prohibit or restrict SFSD personnel from sharing ... immigration-related information with federal immigration law enforcement officials." The lawsuit was filed on behalf of Cynthia Cerletti, a taxpayer of the city and county of San Francisco, in the Superior Court of California, County of San Francisco (Cynthia Cerletti v. Vicki Hennessy (No. CGC-16-556164)).

In its court filing opposing Sheriff Hennessy's effort to have Ms. Cerletti's lawsuit dismissed, Judicial Watch argues:

"Sheriff Hennessy's refusal to share basic information about the release of deportable criminal aliens in her custody – the date, time, and place of their scheduled release – plainly frustrates Congress' clear purpose in enacting section 1226(c). By refusing to share release information, Sheriff Hennessy allows deportable criminal aliens in her custody – aliens Congress plainly intended to be detained upon release from the custody of [law enforcement agencies] such as SFSD – to escape federal immigration officials' grasp. Her restrictions enable aliens who have committed aggravated felonies or other crimes deemed sufficiently serious by Congress to warrant detaining them and denying them bond or conditional parole to remain at large pending removal. Not only might such persons pose a further danger to the community – which was one of Congress' main concerns – but federal immigration officials must spend additional time and resources and assume unnecessary risk to themselves, the aliens, and others locating and apprehending them."

"San Francisco's sanctuary policy is illegal and dangerous," stated Tom Fitton, Judicial Watch president. "San Francisco and other sanctuary cities are on notice that taxpayers can challenge these unlawful policies in court."

The court hearing is scheduled for:

Date: Monday, September 11, 2017
Time: 9:30 a.m. PT
Location: Superior Court of California
400 McAllister Street
Department 302
San Francisco, CA 94102-3680
Civic Center Courthouse

Robert Patrick Sticht, a Los Angeles-based attorney, is serving as lead counsel in the Cerletti litigation.

For all recent filings in this case, click here.

Save the Children Prioritizes Recovery of Child Care Centers, Schools in Texas in Wake of Hurricane Harvey

Source: Save the Children

Fairfield, CT - September 8, 2017 (The Ponder News) -- The most powerful hurricane to hit Texas in more than 50 years has damaged or destroyed an estimated 40 percent* of child care and early education centers in the greater Houston area. Save the Children is working with local education partners across the Lone Star state to help restore these centers so children can begin to recover and get back to learning.

"Children can begin to cope when they are able to interact and play with their peers and resume a normal routine," said Jeanne-Aimee De Marrais, Save the Children's senior director of U.S. emergencies. "That is why it is so important to get these children back into daycare and preschool classrooms. It is essential for them to stay engaged and focused on learning during this stressful time."

Save the Children is the national leader in helping restore child care and early education centers after emergencies, and helped lead such efforts in Texas in 2008 in the aftermath of Hurricane Ike and in New Jersey and New York in 2012 in the wake of Hurricane Sandy.

The global humanitarian organization, as part of a coalition of local and state partners, has been assessing the greater Houston area's child care recovery needs, and working to ensure local families – including those displaced and living in evacuation shelters – can once again access child care and early education programs. It is also planning to meet the needs of families who, because of the impact of the storm, have a new need for child care services.

"I have met many children in the area shelters we're supporting who can't wait for school to start and see their friends," said De Marrais. "Our priority is to make sure the children and families affected by this hurricane are able to regain a sense of normalcy as soon as possible, and getting these kids back in school will help that process."

Nearly half the schools in Houston were also impacted by the record-breaking storm, and with some schools planned to reopen as early as Monday, Save the Children is helping make sure school-age kids can have access to schools and after-school programs. It also plans to help secure and distribute essential school supplies damaged by Hurricane Harvey, including books, computers, sports, band and art equipment and supplies, and support efforts to refurbish libraries and playgrounds.

Save the Children's emergency response team has been on the ground in Texas since before the storm hit, working to meet children and families' immediate needs. It has established Child Friendly Spaces in evacuation shelters in areas disrupted by the storm, as well as distributed essential supplies to shelters, such as portable cribs, strollers and infant and toddler hygiene supplies. Save the Children's Child Friendly Spaces are safe, designated areas where children can play, socialize and begin to recover after a disaster, while allowing their parents to concentrate on addressing immediate and longer-term recovery needs.

Save the Children gives children in the United States and around the world a healthy start, the opportunity to learn and protection from harm. We invest in childhood — every day, in times of crisis and for our future.

Video: Protesters Disrupt Public Advocate at White House

Source: Public Advocate USA

Washington, D.C. - September 8, 2017 (The Ponder News) -- Protesters crashed and disrupted Public Advocate president Eugene Delgaudio as he concluded a statement about the reversal of President Donald Trump's standing executive order on transgender policies in the nation's school system by out of control Obama Administrative holdovers in the Department of Education.

Delgaudio was asking for President Trump to correct the intent of a "secret legal memorandum" issued earler by Education bureaucrats and demonstrators started chanting "Hey Hey Ho Ho, Donald Trump has got to go".

Delgaudio said this in part:

"Mr. President, America applauds your leadership and reversals of many corrupt Obama policies that attacked America's children and their privacy through a so-called Transgender bathroom policy ordered by then president Obama. Now, today, a secrect legal memorandum seems to have been distributed without serious public notice or media scrutiny of any kind that reverses your own actions to protect millions of Christian and other morally traditional American families. Please quickly correct this sneak attack to undo your own proper restraint of those who would interfere or otherwise propagandize their anti-traditional family practices on innocents, " said Delgaudio

See the video


U.S. Court of Appeals for the Sixth Circuit Rules in Favor of Invocations before Jackson County Board of Commissioners Meetings

Source: First Liberty

The full U.S. Court of Appeals for the Sixth Circuit sitting en banc affirmed the decision of a federal district court judge and ruled today that the Board of Commissioners in Jackson County, Michigan—represented by First Liberty Institute—may open its meetings with invocations. The commissioners offer invocations on a rotating basis and are free to act according to their own consciences by delivering either an invocation or offering a moment of silence.

"Today's decision further solidifies what the U.S. Supreme Court has now twice said: Invocations before government meetings are constitutional and an important part of our nation's history and heritage," said Ken Klukowski, Senior Counsel at First Liberty.

In Marsh v. Chambers (1983) and Town of Greece v. Galloway (2014), the U.S. Supreme Court found invocations before government meetings to be fully consistent with the Constitution and an important part of America's history and heritage.

First Liberty also represents the commissioners of Rowan County, North Carolina (Lund v. Rowan County), whose case was heard en banc in March 2017 before the U.S. Court of Appeals for the Fourth Circuit. In July, the Fourth Circuit ruled against the Rowan County commissioners in a split 10-5 vote. First Liberty is currently considering an appeal of the Rowan County decision to the U.S. Supreme Court.

Click here to learn more...

First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.

Houston Texans Player Jon Weeks Releases T-Shirt to Support Hurricane Harvey Relief Efforts

Source: Athletes Brand

Scottsdale, AZ - September 8, 2017 (The Ponder News) -- Houston Texans long snapper Jon Weeks has teamed up with Athletes Brand on a limited edition t-shirt to help fellow Houstonians in the wake of unimaginable devastation that was wrought by Hurricane Harvey throughout Texas. 100% of t-shirt profits will benefit a hurricane relief fund established by Houston Mayor Sylvester Turner and housed under the Greater Houston Community Fund (GHCF).

Though officially released today, the t-shirt has already helped raise more than $2,300 for the benefiting fund. A relief effort spearheaded by J.J. Watt, Jon’s teammate, has helped garner nearly $19 million at the time of this writing. While the amount of critical funds raised varies greatly, the root of their efforts is one in the same.

“(Southeast) Texas has suffered previously unimaginable devastating loss. In the midst of frightening chaos during the multi day storm, came shining tales of hope - images of neighbor helping neighbor,” said Jon Weeks, in a statement on his Instagram page. Thank you to our brave first responders, neighbors in their bass boats, our local affiliates and their incredible reporting, and to the Cajun Navy. We are all Houston Strong. There are many ways to give to Hurricane Harvey Relief. (The t-shirt campaign) is one of them. We love you, Houston. We will get through this.”

The limited-edition “Houston Strong” t-shirt can be purchased from HoustonStrongShirt.com. Co-designed and imagined by Weeks, the shirt features a Houston skyline that takes on a hand drawn look, an ode to the people of Houston who are rebuilding the city by hand and extending a hand to one another every step of the way. The tri-blend shirt is available in Men’s, Women’s, and Youth options.


For more information about Weeks’ campaign, click here.

NLC Statement in Response to House Passage of the SELF DRIVE Act

Source: The National League of Cities

Washington, D.C. - September 8, 2017 (The Ponder News) -- The U.S. House of Representatives passed the SELF DRIVE Act (HR3388), a bill that provides for information on highly automated driving systems to be made available to prospective buyers. In response to House passage The National League of Cities released the following statement:

"City leaders welcome the promise of safer roads and reduced congestion that autonomous vehicles (AV) can offer our communities. As AV legislation advances, we call on Congress to ensure a safe and effective rollout of AVs on city streets. Cities have been the testing ground for this technology, and local leaders remain committed to ensuring that AVs are integrated onto our roads in a safe and timely manner.”

Chabot Praises Court Decision to End Overtime Rule

Source: House Small Business Committee

Washington, D.C. - September 8, 2017 (The Ponder News) -- Last week, a federal judge struck down the Obama administration’s costly Department of Labor’s (DOL) overtime rule. House Small Business Committee Chairman Steve Chabot (R-OH) commended the decision in the following statement:

“Small business owners, and their employees, can breathe a sigh of relief knowing they will have to worry about one less burdensome rule that hurts their business or affects their job. This is an issue the Committee has been working hard to reverse. I look forward to working with the new Administration as the Department of Labor continues to get feedback from stakeholders about what would be most favorable to small business owners,” said Chairman Chabot.

Chairman Chabot and Committee Republicans have focused on the DOL overtime rule throughout the 114th and 115th Congress.

The Committee has held numerous hearings and roundtables and sent letters explaining the damage this rule would cause to small businesses.

The Department of Labor is still inviting stakeholders to submit public comments on the overtime rule. For more information, the Committee has put together a Regulatory Watch page on our website to track regulatory proposals that have been published in the Federal Register and are open for public comment.