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Posted on 03/07/2007 6:49:41 AM PST by jacknhoo
Ninth Circuit Declares Right of Government to Censor the Terms 'Natural Family,' 'Marriage' and 'Family Values' TEMECULA, Calif., Mar. 7 /Christian Newswire/ -- Earlier this week, San Francisco's United States Ninth Circuit Court of Appeals ruled in the matter of Good News Employees Association v. Hicks that the municipal employers can completely censor the terms "natural family," "marriage" and "family values" as hate speech. The unpublished "memorandum" by the Court can be found at www.profamilylawcenter.com/_docs/ 35.pdf. The court concluded that municipalities have a right to literally dictate what form an employee's speech may take, even if it is in regard to controversial public issues. Shockingly, the court concluded that the interest of Christian employees in speaking out on the issue of marriage is "vanishingly small" and that the "administrative" interests of a city are more important than speech rights. The court completely failed to address the concerns of the appellants with respect to the fact that the City of Oakland's Gay- Straight Employees Alliance was openly allowed to attack the Bible in widespread city e-mails, to deride Christian values as antiquated, and to refer to Bible- believing Christians as hateful. When the plaintiffs attempted to refute this blatant attack on people of faith, they were threatened with immediate termination by the City of Oakland. The Ninth Circuit did not feel that the threat of immediate termination had any effect on free speech.
The Pro-Family Law Center vows to immediately take this ruling up to the United States Supreme Court on a petition for review.
Last month, attorneys Scott Lively and Richard D. Ackerman argued the case on behalf of an African- American Christian woman who was threatened with termination at her job with the City of Oakland. The City of Oakland claimed that references to the "natural family, marriage and family values" constituted hate speech which is scary to city workers. Mr. Lively argued that the terms "marriage," "family values" and "natural family" could just have easily been used by gay activists in expressing their opinions on the issue of same-sex marriage. Mr. Ackerman argued that the Pro-Family Law Center's clients were entitled to the exact same free speech rights as those who had openly attacked the Bible through the city's lines of communication with full approval of high ranking officials.
The Ninth Circuit panel of judges included Judges Fletcher, Clifton, and Ikuta. Without citing a specific author for the memorandum of decision, the Court wrote, "the district court correctly held that [the City of Oakland] had a more substantial interest in maintaining the efficient operation of their office than appellants had in their speech, appellants cannot establish a viable free speech claim."
Back in February of 2005, United States District Judge Vaughn Walker ruled the city of Oakland had a right to bar two employees from posting a Good News Employee Association flier promoting traditional family values on an office bulletin board. According to the lawsuit, gay and lesbian city workers had already been using the city's e-mail, bulletin board, and written communications systems for promoting their views to other workers, including the plaintiffs.
In fact, the e-mail system was even used by a high- ranking official of the City of Oakland to declare that the Bible "needs updating" and other insulting comments were lobbed at the plaintiffs by city employees and officials. No action was taken against those responsible for the public attack on the Bible and Christians working for the city.
Plaintiffs, Regina Rederford and Robin Christy posted the flier in response to an e-mail to city employees announcing formation of a gay and lesbian employee association and other communications. The two Christians responded with a promotion of their own -- the start of an informal group that respects "the natural family, marriage and family values."
But supervisors Robert Bobb (now in charge of the Washington DC school district) and Joyce Hicks, (deputy director of the Oakland Community and Economic Development Agency) ordered removal of the flier, stating it contained "statements of a homophobic nature" and promoted "sexual-orientation-based harassment," even though the flyer made absolutely no mention of homosexuality.
The July 2003 lawsuit by Rederford and Christy claimed the city's anti-discrimination policy "promotes homosexuality" and "openly denounces Christian values."
U.S. District Court Judge Vaughn Walker dismissed the case in February 2005, ruling the two women did not have their First Amendment rights violated and that federal anti-discrimination protections afforded to gender, race, and religion did not apply to the women plaintiffs.
The flier in question was posted Jan. 3, 2003, on an employee bulletin board where a variety of political and sexually oriented causes are promoted. Titled, "Preserve Our Workplace With Integrity," the entire text said:
Good News Employee Associations is a forum for people of Faith to express their views on the contemporary issues of the day. With respect for the Natural Family, Marriage and Family values.
If you would like to be a part of preserving integrity in the Workplace call Regina Rederford @xxx- xxxx or Robin Christy @xxx-xxxx
The flyer was removed the same day, however, by order of Hicks and by immediate enactment of a censorship policy by Robert Bobb.
In a memo announcing a newly revised workplace anti- discrimination policy, Hicks noted recent incidents of employees "inappropriately posting materials" in violation of that policy. At the time she noted, "Specifically, flyers were placed in public view which contained statements of a homophobic nature and were determined to promote sexual orientation-based harassment."
Attorney Richard Ackerman says, "We are going to take this case right up the steps of the United States Supreme Court. We are simply unwilling to accept that Christians can be completely silenced on the issues of the day -- especially on issues such as same-sex marriage, parental rights, and free speech rights. If we fail to get U.S. Supreme Court review, however, it will be up to each individual Christian in the United States to stand up for their rights to be heard on the issues of the day. If we choose to be silent, silenced we shall be."
Stand up for your Christian beliefs and your Constitutional rights. Religious freedom is a cornerstone of our Republic and a core principle of our Constitution and an inalienable fundamental human right.
Why is the 9th Circus so evil oriented?
Ping to read later
Ninth Circus: Evil personified.
The Republicans claimed they would break up the 9th Circuit if they ever got a majority in the Senate.
They got a majority and lost their backbone.
The Republicans didn't even make much more of an effort other than blustering about the 9th Circuit.
And now the Republicans wonder why they no longer have a majority in the Senate.
Another brilliant moment for the 9th Circuit:)
We don't really have a unified nation any more. The first ammendment is gone.
You can be assured that these clowns were educated in American law schools dominated by secularists and who have no knowledge of history, of legal philosophy or the natural law.
They just don't know about the free speech element of the Constitution.
Sadly, the acceptance of the homosexual definition of marriage and the weakening of the traditional family unit has been facilitated by the abortion/contraception mentality of heterosexuals and the ever increasing fornication-worship which has crept into the American psyche over decades. This has played a huge part in weakening the understanding of "family" and has fertilized the soil for the moral insanity which now threatens us. It has helped enormously in driving a wedge between the concepts of marriage and procreation. Once the primary purpose of marriage is no longer the free use of God's procreative gift, then....voila......you have a whole new definition of this sacrament which homosexuals can exploit.
This problem won't be resolved by revamping the Ninth Circuit. There's an issue here which runs much deeper than "free speech". It's ultimately a life issue. Mother Teresa once said that a country which kills its own children will ultimately lose its freedom and has no future. We're now watching this materialize.
Not good at all in my way of thinking.
Every (true) Christian church needs to put this front and center.
One way would be to have an 'overseer' in the pews, who would stand up and castigate the preacher whenever the phrase 'Natural Family', 'Marriage' or 'Family Values' is spoken during the (targeted) sermon, instructing that it's now hate speech per a U.S. District Court. And have handouts regarding the issue at the doors.
-the ninth circus is at it again? rme
>> that the municipal employers can completely censor the terms "natural family," "marriage" and "family values" as hate speech.
Governance that strives towards absurdity cultivates the antithesis of civility.
The only part I disagree with.
"Critical Legal Theory," a.k.a., Marxism.
A family of new legal theories, launched since 1970, share commitments to criticize not merely particular legal rules or outcomes, but larger structures of conventional legal thought and practice. According to critical legal scholars, dominant legal doctrines and conceptions perpetuate patterns of injustice and dominance by whites, men, the wealthy, employers, and heterosexuals. The "Crits" argue that prevailing modes of legal reasoning pretend to afford neutral and objective treatment of claims while shielding structures of power from fundamental reconsideration. Critical theorists also maintain that despite the law's claims to accord justified, determinate and controlled expressions of power, law fails on each of these dimensions and instead law mystifies outsiders in an effort to legitimate the results in courts and legislatures.This is the prevailing ideology at Harvard Law.
The 1st amendment was informally but effectively Declared Unconstitutional by the United States Supreme Court when it let CFR stand. State Supreme Courts have previously nullified portions of State Constitutions so it is not entirely unprecedented in the country. Kelo was decided with some influence from the CFR decision, I'm sure. With CFR going down with widespread support for the Court, Kelo was easy. Excising the 2nd will occur, perhaps sooner rather than later. The Court is gradually assuming its place as the Supreme Legislature composed of the Judicial Oligarchy. The process will be complete when the Court takes responsibility for appointing its own members.
You are so very,very right. And I remember Mother Theresa saying that. If we as Christians do not profess our faith and live it out then we get what we get.
A which point we will need a revolution.
"Another brilliant moment for the 9th Circuit:)" I'm assuming you are saying that with a great deal of sarcasm. The 9th circuit must be made up of the most idiotic "justices" on the face of the planet!
This is sick. I hope the Supreme Court smacks down the naughty Ninth...
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