Three “Supreme” Supreme Court Decisions

First was the Masterpiece Cakeshop Supreme Court decision, reversing Colorado’s order against the baker who wouldn’t make a special cake for a same-sex wedding due to his Christian convictions.

Two days ago, the Court gave Barronnelle Stutzman, the florist in Washington state, a big boost by vacating the order imposed on her by her state, followed by remanding the case back to Washington courts. I’ll have someone explain why that’s a win in a couple of paragraphs from now.

Then yesterday, that same Court (which we often love to hate) told California that it cannot force pro-life organizations to promote abortion services.

Some on the conservative side have commented that the Masterpiece decision was too narrow; their concerns are valid, but so far it isn’t playing out that way.

The organization that took the lead in arguing all three of these cases is Alliance Defending Freedom. Michael Farris, the president, CEO, and lead counsel for ADF has some pertinent comments on these decisions. He notes on the Stutzman case,

“Granted” means that the Court agreed to hear her case. But it heard it summarily and issued an immediate order.

“Vacated” is that order. The prior decision is wiped off the books.

Remanded means that it was sent back to the Washington courts to reconsider in light of the Masterpiece decision.

This is very good news in at least two ways.

First, it protects Barronelle for the time being. And gives her a real chance for a full victory.

Second, it shows that the Masterpiece decision is not narrow as many claimed. It has precedential effect and was not limited to the Colorado facts.

In the other case, known as NIFLA, Farris commented,

The Supreme Court ruled 5 to 4 that California violated the First Amendment rights of prolife pregnancy centers by requiring them to advertise for abortions and make other unfavorable disclosures.

The case will be remanded but the directions given by the Supreme Court are extremely strong.

Here’s some of what the justices said, first from Clarence Thomas:

When the government polices the content of professional speech, it can fail to “preserve an uninhibited marketplace of ideas in which truth will ultimately prevail.” If States could choose the protection that speech receives simply by requiring a license, they would have a powerful tool to impose “invidious discrimination of disfavored subjects.”

Then Anthony Kennedy, of all people, wrote this:

This law is a paradigmatic example of the serious threat presented when government seeks to impose its own message in the place of individual speech, thought, and expression. For here the State requires primarily pro-life pregnancy centers to promote the State’s own preferred message advertising abortions. This compels individuals to contradict their most deeply held beliefs, beliefs grounded in basic philosophical, ethical, or religious precepts, or all of these.

In response to California’s claim that what it was promoting was “forward thinking,” Kennedy offered this succinct and powerful history lesson:

It is forward thinking to begin by reading the First Amendment as ratified in 1791; to understand the history of authoritarian government as the Founders then knew it; to confirm that history since then shows how relentless authoritarian regimes are in their attempts to stifle free speech; and to carry those lessons onward as we seek to preserve and teach the necessity of freedom of speech for the generations to come.

Powerful and poignant words.

ADF’s website, shortly after the announcement of the NIFLA decision, rejoiced over the decision:

Pro-life pregnancy centers in California will no longer be forced to be a mouthpiece for the abortion industry.

Today, the U.S. Supreme Court ruled in favor of free speech, striking down a California law that would force pro-life pregnancy centers to advertise for abortion. . . .

What’s even worse is the fact that this law specifically singles out pro-life pregnancy centers. Drafted, proposed, and supported by abortion advocates, this law is a thinly-veiled attempt to target a viewpoint that the state of California doesn’t like and replace it with the government-approved viewpoint.

This is government-compelled speech at its worst. Thankfully, the Supreme Court ruled that this requirement is unconstitutional.

This ruling makes it clear that no one should be forced by the government to express a message that violates their convictions, especially on deeply divisive subjects such as abortion.

Yet, as ADF acknowledges, the fight goes on:

And while this is a crucial victory, the work is not done. Unfortunately, California is not the only state that is trying to stamp out the pro-life message. ADF is also challenging similar laws in Illinois and Hawaii.

That’s why we must stay vigilant.

I’m thankful for organizations like ADF who maintain that vigilance. But keep in mind these are victories via law only; the culture remains to be redeemed from this ready acceptance of the abortion holocaust and the sexual agenda that is being pushed on everyone. The Christian message must continue to go forth in love and strength of purpose.

God’s Law & Man’s Law

William BlackstoneSir William Blackstone wrote Commentaries on the Laws of England, volumes published from 1765-1769. They became the standard for understanding how English laws were to be applied. The timing of these volumes was opportune for the American colonists, as they also looked to Blackstone for their basis in law.

The preface, or introduction, to these volumes lays out the foundational beliefs that were supposed to govern English laws. They were as follows:

  • Blackstone's CommentariesThe Law of Nature=The Will of God;
  • Man’s reason is given to discover
    the Law of Nature;
  • Happiness is based only on observing God’s
    laws; there is no true happiness outside of His laws;
  • God’s law is higher than man’s law;
  • Corrupt reason needs Revealed Law (Scripture) to understand God and His ways;
  • Revealed law is a fuller and more accurate explanation of the Law of Nature;
  • All human laws must rest upon the Law of Nature and Revealed Law.

Notice how different this is from how we explain law today. How many legislatures and judges take into account the necessity of ensuring that human laws are in accordance with God’s law? We not only ignore what God has said, but we don’t even follow our own written cornerstone of law—the Constitution.

The American colonists, as they approached the dispute with Britain’s government, took Blackstone seriously. All of their arguments were based on the twin foundations of God’s law and the human laws that had been written in agreement with God’s law.

Alliance Defending FreedomOne organization in America today, Alliance Defending Freedom (ADF), has set up a Blackstone Fellowship Program for law students who seek to adhere to this understanding of law. In the vast field of all those innumerable law schools that have no fidelity to this original concept of law, this program helps place law students in internships with cooperating lawyers who seek to restore the idea that God’s law comes first, and that all human laws must be in accord with His.

This approach is now in the minority, but there are scattered voices continuing to promote a more Biblical orientation in law. Blackstone is a good place to start in grasping why the American colonies took a stand at that time in our history.

Houston, You Have a Problem

We’re about to turn a corner on religious liberty in America, and it’s a chill wind that greets us.

Quoting from the story:

Annise ParkerThe city of Houston has issued subpoenas demanding a group of pastors turn over any sermons dealing with homosexuality, gender identity or Annise Parker, the city’s first openly lesbian mayor. And those ministers who fail to comply could be held in contempt of court.

Wait a minute. Houston? Texas? One of the most conservative states in the nation? Well, statewide, yes, but, as usual, the cities lead the way toward the new progressivism. Funny how those policies called progressive always seek to overturn religious liberty.

Alliance Defending Freedom (ADF), a law firm that specializes in protecting religious liberty, has filed a motion to stop the subpoenas, but why are we even at this place?

The controversy began when the city council, back in June, passed what it calls a “non-discrimination” ordinance that allows, among other things, men to use women’s restrooms and vice versa. It is “equality” run amuck. And any Christian pastors who speak out against it or the homosexual agenda that drives it are now in the legal crosshairs.

First AmendmentAs a spokesman for the ADF notes, “Political and social commentary is not a crime. It is protected by the First Amendment.”

That’s why this is such a chill wind; it seeks to stifle all political disagreement and the religious beliefs that are the basis of that disagreement. If ever anything were a clear violation of not only the original intent of the Constitution, but the specific wording therein, this is it.

Why subpoena sermons? To shame pastors publicly who speak out against homosexuality. To try to marginalize them and the Biblical message that homosexuality is a sin—a view, of course, that is quickly becoming forbidden in America. They want to “out” these pastors as so-called “anti-gay bigots.”

Many of us warned this day was coming. This ordinance is only the first shot in this particular battle of the culture war. There are those who say there is no culture war, that those of us who speak of it are blowing things out of proportion. Look around you. The forces against the Biblical worldview are building up their arsenals. It’s only going to get worse.

Yet we cannot allow these attacks to put us on the defensive. We have the message of life, and it’s never been more needed than now. As opponents of Christian faith become emboldened, we must not cower in fear. God has not given us a spirit of fear, but of power, love, and a sound mind. We need to work with Him, guided by His Spirit, to meet this challenge.