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Now More Than Ever

It wasn’t so long ago that such a thing would be unthinkable: a standing ovation for abortion in the New York State Senate chamber with the passage of legislation permitting abortion for any reason up until the moment of birth. Already in New York City, one in three babies are aborted. The bill goes so far as to drop the requirement that doctors perform abortions and decriminalizes acts of violence that result in the deaths of unborn babies. In other words, if an unborn baby dies in the commission of an act of violence against his or her mother, the perpetrator will no longer be held criminally liable for the baby’s death.

So much for “safe, legal and rare.” With this patently facetious mantra, it took Democratic president Bill Clinton only two days into his presidency to reverse policies restricting abortion instituted by his Republican predecessors Ronald Reagan and George H. W. Bush.

Virtually all Democratic candidates in recent memory, from candidates for president on down, have campaigned on their commitment to preserving the legal right to kill the unborn. It wasn’t always this way. In 1937, in response to doctors performing abortions during the Great Depression, the National Federation of Catholic Physician’s Guild issued a statement condemning abortion. In those days the opponents of abortion were more likely to be Democratic than Republican. President Roosevelt’s New Deal drew considerable support from the Catholic Church’s desire to protect and nurture all life–including the unborn.

Some of the first vocal proponents of abortion were, surprisingly, Republicans. Moderate Republican governor Nelson Rockefeller shepherded through his state’s abortion reform law in 1970. In 1967 in California, that icon of conservatives, a then “moderate” Ronald Reagan, signed a similar bill loosening restrictions on abortion. But the issue was gaining steam, and by the 1970’s conservative Republicans, campaigning on opposition to abortion after the disastrous Roe vs. Wade U.S. Supreme Court decision in 1973, were able to wrest control of the GOP.

The battle lines were drawn in 1976 when the first presidential election since Roe vs. Wade brought the issue to the forefront. Democratic candidate Jimmy Carter, despite his Evangelical Christian bona fides, walked a tightrope trying to appeal to both sides. From then until the present, Democratic politicians have declared, despite massive evidence to the contrary, that they only wish to have abortion “safe, legal, and rare.” In 1976, the outrage against such duplicitous arguments produced a successful effort to end Medicaid funding for abortion with the Hyde Amendment, the first significant legislative victory for anti-abortion activists after Roe vs. Wade.

While abortion activists argue for unrestricted access to abortion throughout pregnancy, polls show that support for late-term abortions continues to decline, with a paltry 13 percent of Americans supporting abortion during the third trimester. The enthusiastic crowds at the annual March for Life are further evidence of the widespread desire to protect innocent human life in the womb. The most recent March for Life saw an unprecedented show of political firepower, with addresses by the president, vice-president and House speaker, all heralding the gains that the movement has made under the presidency of Donald Trump, who stated: “Under my administration, we will always defend the very first right in the Declaration of Independence, and that is the right to life.”

The new Democratic mantra: “While personally opposed to abortion, the U.S. Supreme Court is the law of the land, and thus I must respect Roe vs. Wade” is beginning to wear thin. As we lament the 45th anniversary of that calamitous legal decision, the effect of this assertion wanes and the abortion issue is becoming an even more highly charged issue.

Democratic leaders have used the 45th anniversary of Roe v. Wade to reiterate their support for legal abortion and launch new onerous legislation in Illinois and other states–hoping to expand so-called “reproductive rights” and access at the expense of innocent human lives. Now is the time for people of faith–Democrats and Republicans alike–to raise their voices in defense of the most vulnerable among us: the unborn.






Another Bakery Faces Attack as Sweet Cakes Story Gains National Attention

From First Liberty

Last week, First Liberty Institute attorneys announced their legal representation of Aaron and Melissa Klein—owners of Sweet Cakes by Melissa who were forced to pay a $135,000 penalty to the Oregon government for declining to bake a cake for a same-sex wedding.

In addition to widespread media attention from news outlets across the country, Aaron and Melissa shared their story with America last Friday night on FOX’s The Kelly File.

“[I]t’s not something I ever thought I’d have to fight with the government over,” Aaron said of his faith-based stance on the issue of marriage. “This was something I believed should never be happening in this country.”

But it is happening—and not only in Oregon to Aaron and Melissa Klein.

A TEXAS COUPLE UNDER ATTACK FOR THEIR FAITH

In mid-February, a family-owned bakery in Longview, Texas declined to make a same-sex wedding cake—and they are now reaping the same hate-filled repercussions as the Kleins did in 2013 (and still feel today).

David and Edie Delorme own Kern’s Bake Shop, which has been in business in Longview, Texas since 1918. As devout Christians, David and Edie are committed to operating their bakery in a manner that honors God. In the past they have consistently refused to bake alcohol, tobacco, gambling, or risqué-themed cakes.

When two men requested a cake for their same-sex wedding, Edie politely informed them that Kern’s Bake Shop did not make same-sex wedding cakes, and offered to provide a list of other bakeries in Longview that could fulfill the couple’s request.

Nevertheless, the incident soon appeared in a local newspaper, igniting a firestorm of hostility and even death threats toward the Delormes, their family, and their business from places as far away as New York and California.

“Americans value and protect our freedoms – especially freedom of expression and religious liberty,” said Mike Berry, Senior Counsel for First Liberty Institute. “In order for America to remain free and prosperous, we must secure the rights of small business owners to operate their businesses according to their beliefs.”

Though no lawsuits have been filed against Kern’s Bake Shop yet, David and Edie heard about First Liberty’s defense of Aaron and Melissa Klein, and preemptively retained First Liberty Institute as legal counsel.

HOPE—FOR THE KLEINS, THE DELORMES, AND ALL AMERICANS

Attacks are spreading against Americans who embrace religious tenets teaching that marriage is a sacred union between one man and one woman, as evidenced by the Delormes’ experience just a few weeks ago.

But there is hope for religious freedom, even surrounding this hotly contested issue. For example:

  • The same majority opinion that legalized same-sex marriage in Obergefell last June reaffirmed religious liberty for those who maintain that marriage is between one man and one woman. Justice Anthony Kennedy wrote,

The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered. The same is true of those who oppose same-sex marriage for other reasons…In turn, those who believe allowing same-sex marriage is proper or indeed essential, whether as a matter of religious conviction or secular belief, may engage those who disagree with their view in an open and searching debate.

  • First Liberty’s social media pages prove that the “open and searching” debate Justice Kennedy talked about is increasing, while hate speech and threats are decreasing. The response on social media to First Liberty’s announced representation of the Kleins last week was overwhelmingly positive and consisted of constructive debate—a stark contrast to the barrage of hostile, lewd, or extreme comments that often flood social media in response to controversial issues. According to First Liberty’s social media team, the response was more positive than anticipated—and could mark a change of heart regarding the religious liberty rights of Americans who simply want to run their business according to their faith.
  • The best constitutional lawyers in the country are working with First Liberty to win these cases. First Liberty’s unique volunteer attorney model harnesses the legal firepower of constitutional attorneys from many of the nation’s top law firms. Passionate about defending religious freedom, these lawyers give their time to First Liberty Clients pro bono.

Working on the Aaron and Melissa Klein’s case is The Honorable Boyden Gray, former White House Counsel for President George H. W. Bush, former Ambassador to the European Union, and founding partner of Boyden Gray and Associates.

“America is a great nation because we celebrate diversity of thought,” stated Ambassador Gray. He emphasized:

“Our rights to free expression and religious liberty are some of our most cherished American freedoms. We must safeguard these rights for every American – including Aaron and Melissa Klein.”

Thanks to God’s grace and volunteer attorneys like Ambassador Gray, First Liberty wins over 90 percent of its cases.

IN THE BALANCE—PROTECTIONS FOR PEOPLE OF FAITH

But while the hope is undeniable, so is the threat. And despite progress in the conversation surrounding religious freedom and marriage, threats and hate-filled messages continue to bombard the Kleins and the Delormes personally.

“If these small business owners can come under attack for their faith, what does that say about our perspective on liberty?” asks Berry. “We need to respect the rights of all Americans to live together peaceably, even if they have a difference of opinion. That’s what freedom means.”

First Liberty’s attorneys are committed to ensuring Americans like Aaron and Melissa Klein and David and Edie Delorme are free to live out their faith, and are preparing for the Kleins’ case to possibly go before the United States Supreme Court.

If the case does go to the U.S. Supreme Court, it will be one of the first cases to answer two new questions America is now facing, said Ken Klukowski, First Liberty Senior Counsel and Director of Strategic Affairs on The Kelly File last Friday:

[I[f someone has sincerely held religious beliefs that are mainstream beliefs on an issue like marriage, can the government punish them for speaking those beliefs, and can the government order them, as [the Kleins have] been ordered to, that they can’t discuss aspects of their beliefs?”

Click here to receive updates from First Liberty Institute as these cases progress

Click here to read more information about Aaron and Melissa Klein’s case

News and Commentary is brought to you by First Liberty’s team of writers and legal experts.