Rebecca Millette

Pro-life victory for Baltimore: pregnancy center sign ordinance deemed ‘unconstitutional’

Rebecca Millette
Rebecca Millette
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BALTIMORE, MD, January 31, 2011 (LifeSiteNews.com) – U.S. District Judge Marvin J Garbis ruled last week that the law requiring pro-life pregnancy centers to post signs stating they do not refer for abortions or birth-control is “unconstitutional.”

The ruling is a major victory for Baltimore pregnancy centers and the Catholic Archdiocese of Baltimore that challenged the 2009 ordinance earlier last year. 

Originally approved in November 2009, the ordinance stated that a pro-life pregnancy center must “provide its clients and potential clients with a disclaimer substantially to the effect that the center does not provide or make referral for abortion or birth-control services.”

The Archdiocese of Baltimore, with representation from Gallagher, Evelius and Jones firm in Baltimore, challenged the ruling in August 2010, arguing that such a law was a violation of First Amendment rights and unfairly targeted pro-life pregnancy centers while not requiring signage for pro-abortion centers.

The lawsuit also contended that the city’s ordinance required pregnancy centers to state falsely that they do not provide birth-control services. The suit said that abstinence education and natural family planning are both “medically recognized means of birth control.”

In a 29-page opinion, Judge Garbis wrote:  “The Court holds that the Ordinance violates the Freedom of Speech Clause of Article I of the Constitution of the United States and is unenforceable.”

“Whether a provider of pregnancy-related services is ‘pro-life’ or ‘pro-choice,’ it is for the provider – not the government – to decide when and how to discuss abortion and birth-control methods.”

Thus far, the signs were never posted because the city of Baltimore agreed to await the outcome of the court case, the Baltimore Catholic Review reported.  The ordinance would have enforced a $150 fine for pregnancy centers that did not post such a sign.

Archbishop Edwin F. O’Brien of Baltimore, who took an active part in the court challenge and proceedings, said (http://www.archbalt.org/news-events/press-releases/court-decision.cfm) the court ruling was “a clear victory both for pregnant women in need of assistance and for First Amendment principles we treasure in a free society.”

Pro-life pregnancy centers in Baltimore, which include one housed in the St. Brigid Catholic Church, are an “integral part” in the aid provided to pregnant women, said the archbishop.

“In Baltimore, these centers assist thousands of women every year who are trying to embrace the gift of life in their unborn children. And this ruling allows the important and compassionate work of these pro-life pregnancy centers to continue without interference from Baltimore City which sought to target these centers because they are pro-life.”

David W. Kinkopf, an attorney with Gallagher, Evelius and Jones, who represented Archbishop O’Brien in an August hearing on the issue, said the judge “got it right” and the ruling was a “great victory” for pro-life pregnancy centers and the Freedom of Speech, reported the Baltimore Catholic Review (http://www.catholicreview.org/subpages/storyarchnew.aspx?action=9410).

“We think the judge got it right when he basically said there’s no place for the government to single specific speakers out for unfair speech regulation,” Kinkopf said. “The kind of speech these pregnancy centers are engaged in is not commercial speech -it’s deeply personal, moral and very important speech that deserves the full protection of the First Amendment.”

Kinkopf expressed optimism that the ruling would have a national impact as other jurisdictions consider similar legislation.

New York City is currently facing a similar bill.  Edward Mechmann, a lawyer for Archdiocese of New York, who works for the Family Life/Respect Life Office on public policy issues, said the Baltimore court decision is significant for “all pro-lifers across the nation, particularly here in New York.”

“The essential structure and premise of New York’s Intro 371 is identical to the Baltimore law” said Mechmann, “sign and disclaimer requirements compelling speech by pregnancy centers that do not promote abortion, a lack of viewpoint neutrality that is designed to ‘disfavor’ only those centers that do not promote abortion, and a complete lack of any proof that there is a pattern of systematic — or any — deception being practiced by these centers here in New York.”

“In effect, the Baltimore decision drives a stake through the heart of Intro 371,” said Mechmann.  Now the New York city council has to consider serious questions posed. “Will you persist in passing a law that you now know to be unconstitutional?  Or will you fulfill your oath of office to support and uphold the Constitution of the United States?”

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Kim Davis refusing to issue marriage license to same-sex couple Frame from Times video
Mass Resistance

Kim Davis jailing only beginning of what is in store for America as revealed in June 27 “gay” magazine

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September 4, 2015 (Mass Resistance) --The judge told her that she’ll stay in jail until she’s willing to change her mind -- and go against her conscience and faith. He said that he’d review the situation in a week. The judge said that he jailed her because fining her  “would not bring about the desired result of compliance”.

There are approximately 125 county officials throughout Kentucky who can issue “gay marriage” licenses. But the judge was adamant that every county official must be forced to do it and that religious freedom cannot be allowed, despite the First Amendment.  “The idea of natural law superseding this court’s authority would be a dangerous precedent indeed,” he said.

See video of Kim Davis, turning away very angry same-sex couple demanding a marriage license.

In 2004, 75% of Kentucky voters passed a State Constitutional Amendment restricting marriage to one man and one woman. On Thursday, Sept. 3, County Clerk Kim Davis was sent to jail by U.S. District Judge David Bunning because she refuses to issue “gay marriage” licenses, a decision which she says is rooted in her strong Christian faith.
 

The post-“gay marriage” revolution

Most pro-family people didn’t see the chilling article that appeared in The Nation, a major left-wing magazine, the day before the U.S. Supreme Court “gay marriage” ruling came out. The article outlines where the LGBT movement is going after “gay marriage.”

The Nation article, “What’s Next for the LGBT Movement?”, quotes four high-profile LGBT activists who reveal that “gay marriage” was never their final goal. The LGBT movement will not be stopping to rest, they say. Their plan is to delegitimize and crush all opposition to their agenda everywhere in America – particularly in the churches -- no matter how small.

Some of the things the article outlines:

  • “Dis-establish marriage.”  “Gay marriage” was simply a stepping stone. Their actual goal is that there be no formal marriage rules at all. This means group marriages are next, then incestuous marriages, and later even marriages to minors. It would simply be up to the people directly involved to decide.
  • Pass strong LGBT “non-discrimination” laws across the US. These are the laws that force bakers to bake “gay marriage” cakes or face huge punishments. Such laws would also force schools to include LGBT indoctrination. Most states still do not have the onerous laws the LGBT movement demands. The activists refer to those states (mostly in the South and Midwest) as “zones without rights” in their propaganda.
  • Ban all “religious liberty” laws. They consider religious liberty to be a dangerous ploy to “undermine all civil rights laws” that must be stopped at all costs. All people must be forced to follow the LGBT agenda, with no exceptions.
  • Demonize pro-family conservatives and silence all dissent. They plan to direct “massive amounts of funds” to “expose and defeat the right wing” across America.
  • Push a radical political agenda. They plan to leverage their power to support Marxist economic policies, the right to “early term abortion,” and similar policies.


Starting to happen

Last month the Denver City Council moved to deny the Chick-fil-A restaurant chain permission to do business at the Denver Airport because the company’s president said he does not agree with “gay marriage.” One Council member labeled the president’s pro-marriage beliefs “discriminatory political rhetoric,” and must not be allowed to make profits from the city’s airport. (Chick-fil-A restaurants have never been accused of actually discriminating against anyone.)

The national homosexual group Human Rights Campaign is already raising millions of dollars to fight religious freedom laws around the country.

And of course, there’s the upswing of left-wing hate and demonization of religious people. The day after Kim Davis was jailed, the Boston Globe prominently published an op-ed article titled “Kim Davis follows the footsteps of George Wallace” which states, among other things, that “Davis is just the latest in a long, infernal line of fanatics to contort their so-called faith into an excuse for hatred and division.” The Left’s hatred of religious people is visceral, and now it’s coming to the forefront.
 

Lots of hypocrisy

The jailing of Kim Davis by Judge Bunning, like most of the Left’s actions, has more than a whiff of hypocrisy. When San Francisco Mayor Gavin Newsom began illegally ordering county clerks to issue “gay marriage” licenses in 2004, or in 2009 when California clerks (and the Governor) ignored the Prop 8 ruling against issuing “gay marriage” licenses, no judge intervened at all. 
 

Cowards and compromisers

It pains us to say it, but for decades the pro-family movement has been crippled from gaining ground by cowards and compromisers, from top to bottom. Don’t get us started on what led to the disastrous the Supreme Court “gay marriage” ruling.  And it continues with the Kim Davis issue.

While Kim Davis sits in jail, five of her six deputy clerks shamelessly have agreed to abide by the judge’s wishes and started issuing “gay marriage” licenses. (The one holdout is her son.) According to news reports, starting the very next day they were issuing them quite cheerfully, even shaking the hands of the newly “married” homosexual couples.

A disturbing number of pro-family and church leaders across the country have sided with the Federal Judge, saying that Kim Davis should go to jail for “not following the law.”  (Actually there is no “law” on the books – it is only a court ruling. Nor could the judge cite such a law.) 

Even the National Review has published an article saying “[R]eligious-liberty protections cannot act as a bar to gay couples: If the law permits a U.S. citizen to get a license, there must be a way for the gay couple to access it, with their dignity intact."
Wonderful. What a lame movement we're in!
 

What can good people do?

We can certainly see what’s coming up. It’s a hardcore take-no-prisoners approach. We must react accordingly. What most of our movement has tried hasn’t worked and isn’t going to work.

MassResistance believes that their whole program must be confronted. Using what resources we have, we believe in taking the offensive. This means challenging that movement everywhere we can. First and foremost means not holding back on telling the unabashed truth, no matter what the consequences. (For example, most conservatives are squeamish about talking about the well-documented medical and psychological destructiveness of homosexual behavior.)

The LGBT movement wins when we become afraid to confront them. 

This article was originally published on the website of Mass Resistance and is re-published with permission.

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Obama and Hillary support Christian clerk’s arrest over gay ‘marriage’

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By Ben Johnson

ROWAN COUNTY, KY, September 4, 2015 (LifeSiteNews) -- The front runner for the Democratic presidential nomination believes that Kim Davis deserved to be jailed.

Shortly following Kim Davis' arrest on Thursday afternoon, Hillary Clinton retweeted a story about Davis' arrest for refusing to issue marriage licenses to homosexual couples, saying all elected officials "should be held to their duty to uphold the law - end of story."

The White House seconded that assessment. The punishment - jail time, rather than a fine - was "appropriate," White House spokesman Josh Earnest said during his daily press briefing on Thursday.

The Obama administration spokesperson went on to say that "the principle of the rule of law is central to our democracy."

Calls to imprison Christians who refuse to participate in same-sex "marriage" have intensified on the Left since the late June Supreme Court decision that imposed same-sex "marriage" on the nation.

As Davis was taken out of the federal court room to her jail cell, gay activists yelled, "Love won! Love won!"

Shortly after her arrest, opinion writer E.J. Montini wrote that Davis "was found in contempt of court and sent to jail. Good."

Their position could hardly contrast more sharply with those of some Republican presidential contenders.

Mike Huckabee is holding a #ImWithKim rally in Kentucky on Tuesday to support Davis, who remains in jail today.

Sen. Ted Cruz has said the arrest - which was ordered by a Republican-appointed federal judge - constituted "judicial tyranny."

Not all Republicans agree, though. Chris Christie said that he would demand that clerks participate in the public recognition of same-sex "marriage" regardless of their religious convictions. Lindsey Graham and Carly Fiorina have had similar sentiments.

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Ted Cruz: Kim Davis’ arrest is ‘tyranny’ intended to drive Christians from office

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By Ben Johnson

ROWAN COUNTY, KY, September 4, 2015 (LifeSiteNews) - The arrest of Kim Davis has sent shock waves throughout the nation - and a clear message: Christians have no place in the public square, according to Sen. Ted Cruz.

When the deeply religious clerk was hauled off to jail Thursday afternoon, "judicial lawlessness crossed into judicial tyranny," Cruz said.

Same-sex "marriage" was imposed on the nation by a 5-4 Supreme Court judgment authored by Justice Anthony Kennedy. The arrest of Kim Davis on "contempt of court" charges was ordered by U.S. District Court Judge David Bunning, a George W. Bush appointment who is the son of former moderate Republican senator and baseball great Jim Bunning of Kentucky.

"Those who are persecuting Kim Davis believe that Christians should not serve in public office," Cruz said.

His analysis is shared by former Sen. Rick Santorum. He warned, "More and more people of faith will face the penalties Ms. Davis is now encountering if we do not make the necessary accommodations so people can not just worship but live out their faith in their lives."

Santorum called for passing the First Amendment Defense Act to prevent scenes of clerks being arrested, florists being fined, and bakers being forced out of business.

"This is wrong. This is not America," said Cruz, who recently hosted a Rally for Religious Liberty that featured many of those whose businesses have suffered for following their faith on the issue of sexuality. "I stand with Kim Davis. Unequivocally."

"I stand with every American that the Obama administration is trying to force to choose between honoring his or her faith or complying with a lawless court opinion," Cruz said. “I call upon every believer, every Constitutionalist, every lover of liberty to stand with Kim Davis."

Former Arkansas Gov. Mike Huckabee will literally do that, as he hosts an #ImWithKim rally in Kentucky on Tuesday to support Davis.

Cruz joins other Republican presidential candidates who support the Kentucky Christian clerk.

"I think it's absurd to put someone in jail for exercising their religious liberty," Sen. Paul, R-KY, told CNN on Thursday afternoon. "I think it's a real mistake to be doing this."

Sen. Marco Rubio of Florida agreed, “There should be a way to protect the religious freedom and conscience rights of individuals working in the office.”

However, other candidates disagreed. Chris Christie said on Fox News Sunday that laws should be enforced against Christians who decline to participate in gay "marriages."

Sen. Lindsey Graham and Carly Fiorina similarly agree Davis should have issued the marriage licenses, regardless of her faith.

Democratic presidential candidate Hillary Clinton tweeted that laws should be enforced, as she shared a story of Davis' arrest on Twitter.

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