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In one Texas School, Students have the Right to Opt-Out of Reciting the American Pledge of Allegiance . . . but Not the Mexican Pledge; Lawsuit Filed

February 27, 2013 by

ANN ARBOR, MI – Just as the 2011 school year began, Brenda Brinsdon, then a 15 year-old sophomore at Achieve Early College High School (AECHS) in McAllen Texas, was thrust into the national spotlight after she refused to stand up, extend her arms straight out with palms down and recite the Mexican Pledge of Allegiance and sing the Mexican National Anthem. Reyna Santos, the Spanish 3 teacher, required all her students to recite this allegiance to Mexico.

When the time came for the students to stand up and recite the Mexican pledge, Brenda Brinsdon refused. Brenda, born in the United States, is the daughter of a Mexican immigrant and an American father. Brenda is fluent in Spanish and English and is proud of her Mexican heritage, but she is a true blooded American. So to Brenda, the words of the pledge have a deep meaning. Her conscience and patriotism would not allow her to participate in the assignment. She believed it was ‘un-American’ and she was exercising her constitutional right not to be forced to pledge allegiance to Mexico. The school punished her for her refusal.

As a result, the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, along with local Texas attorney Jerad Najvar, filed a federal lawsuit on behalf of Brenda and her father William Brinsdon claiming that school officials violated Brenda’s constitutional rights. Click here to read the federal lawsuit.

Ironically, the assignment to recite the Mexican pledge was given during the school’s celebration of Freedom Week, marking the 10th anniversary of the 9/11 terror attacks and also on U.S. Constitution Day. According to the McAllen School District policy for Special Programs, social studies classes during Freedom Week were required to recite the text of the Declaration of Independence. However, excusals from recitation are granted for students who have a conscientious objection.

The longstanding Supreme Court decision, West Virginia State Bd. of Educ. v. Barnette, (1943), and the school district’s own policy prohibit a school from compelling students to recite the American Pledge of Allegiance. However, the School District ignored those rules when Brenda Brinsdon refused to recite the Mexican pledge.

Brenda’s refusal was not well received by her teacher, Reyna Santos, or the school principal, Yvette Cavasos. Both tried to coerce her to recite the Mexican pledge, saying this was just an assignment. Brenda attempted to discuss reasons for her refusal to pledge allegiance to a country other than the United States with both Santos and Cavasos. When Brenda did not back down, she was punished.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center (TMLC), commented, “Too many Americans—including those of Mexican descent—have suffered and died protecting our nation. It’s astonishing that this Texas school would deny Brenda her right of conscience and free speech not to pledge allegiance to a foreign country. There is a sad trend in public schools across our nation to undermine American patriotism. But it’s encouraging to see students like Brenda stand up for America despite pressure from school officials.”

Santos gave Brenda an alternate assignment; write an essay on the Independence of Mexico. While performing above average on all previous assignments in the class, Brenda completed this assignment on time but was given a failing grade. She was also required to sit in class over the next several days and listen to student after student reciting the Mexican pledge.

Following the incident, Brenda was involuntarily removed from her Spanish class. She spent the class hour in the school’s office, even though she requested to return to the classroom. Brenda was also given a failing grade on her report card, which was later corrected.

Brenda videotaped the class on her cell phone and brought it home to show her father. Click here to see Brenda’s cell phone video. Mr. Brinsdon attempted to contact several school officials but he never received a return call. Click here to see local news coverage.

The lawsuit claims the school district and school officials deprived Brenda of her right to freedom of speech and equal protection of the law by discriminating against and unjustly punishing her because of her viewpoint. The lawsuit names the McAllen Independent School District, AECHS Principal, and Spanish teacher Reyna Santos as defendants.

The Thomas More Law Center defends and promotes America’s Judeo-Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life. It supports a strong national defense and an independent and sovereign United States of America. The Law Center accomplishes its mission through litigation, education, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

Erin Mersino brings her baby to work every day; Thomas More Law Center Attorney Profiled in the Detroit Legal News

February 17, 2013 by

She brings her baby to work every day. A recent feature article in the Detroit Legal News highlighted Thomas More Law Center’s Trial Counsel Erin Mersino. Legal News reporter Jo Mathis, who recently visited the Law Center’s offices, highlighted Erin’s accomplishments at TMLC, managing the demands of being a full-time trial lawyer litigating high profile constitutional issues while at the same time caring for her three-month old baby boy, Colin. She and her husband, Paul, an attorney with a large Detroit law firm welcomed their new baby in early November.

Click here to read the article, Family — and the Constitution — first.

Her mere presence destroys one of the main arguments the Government has been using to justify the HHS Mandate, namely, contraceptives are necessary for women to plan their pregnancies in order to succeed in the work place.

In 2012 Mersino, as lead counsel in two HHS lawsuits, gained national prominence after securing victories in both cases.

TMLC filed a lawsuit in May 2012, on behalf of Michigan-based Weingartz Supply Company, and its president Daniel Weingartz, and Legatus, an organization of Catholic business leaders. In September 2012, while Erin was over seven and a half months pregnant, she argued a motion for Preliminary Injunction to stop implementation of the HHS mandate against her clients before Federal District Judge Robert H. Cleland, of the Eastern District of Michigan. She won. The Government is appealing the case to the Sixth Circuit Court of Appeals.

In TMLC’s second HHS case Mersino represents Catholic philanthropist Thomas Monaghan and his corporate management company, Domino’s Farms Corporation. This time, while she was home on maternity leave within a period of little more than two weeks Erin prepared and filed the complaint, and was granted a Temporary Restraining Order by Federal District Court Judge Lawrence P. Zatkoff.

Erin completed her maternity leave and returned to work full-time in January 2013. She is currently litigating several other high profile TMLC cases dealing with religious liberty, free speech, national security and the threat of radical Islam.

She arrives early each morning with baby in tow. He sleeps in her office for a great part of the day. But when needed, her colleagues happily assist with the new baby.

Richard Thompson, President and Chief Counsel of the Law Center commented, “We are indeed fortunate and blessed to have Erin and Colin with us. First of all she is an outstanding attorney, committed to the Law Center’s mission. The presence of Colin in the office is a constant reminder why we are fighting this culture war, and who we are fighting it for—America’s future generations.”

Thompson continued, “An added benefit is the tremendous morale boost and cohesion Colin has brought to us all. Throughout the day, the staff, including me, take quick peeks to see how Colin is doing, trying to get him to smile, and of course, talk. The staff takes turns holding him and taking him for a stroller ride down the long halls of the Domino’s office building complex.”

Erin Mersino joined TMLC two years ago. She previously worked as an assistant prosecutor in Oakland County, MI. She is a graduate of the University of Michigan and the Ave Maria School of Law. In addition to three-month old Colin, Erin and her husband Paul are the proud parents of four year-old JT.

Admiral Jeremiah Denton Released From Captivity Forty Years Ago Today

February 12, 2013 by

Forty years ago today, Navy Admiral Jeremiah Denton was freed from captivity as a POW by the North Vietnamese in Hanoi. In May 2007, Admiral Denton agreed to serve as Chairman of the Thomas More Law Center’s Citizens Advisory Board.

Admiral Jeremiah Denton served as United States Naval Aviator during the Vietnam War and was the Commanding Officer of an Attack Squadron aboard the aircraft carrier USS Independence. On 18 July 1965, then-Commander Denton, was leading twenty-eight planes flying an A-6A Intruder, off the Independence on a bombing mission. His jet was shot down over the city of Thanh Hoa in North Vietnam, and he was captured and taken prisoner by the North Vietnamese.

Denton was held as a prisoner of war for almost eight years, four of which were spent in solitary confinement. Denton is best known for the 1966 televised press conference that he was forced into as an American POW by his North Vietnamese captors. He ingeniously used the opportunity to communicate successfully and to confirm for the first time to the U.S. Military and Americans that American POWs were being tortured in North Vietnam. He repeatedly blinked his eyes in Morse Code during the interview, spelling out the word, “T-O-R-T-U-R-E“.

Denton was also questioned about his support for the U.S. war in Vietnam, to which he replied: “I don’t know what is happening, but whatever the position of my government is, I support it fully. Whatever the position of my government, I believe in it, yes sir. I am a member of that government, and it is my job to support it, and I will as long as I live.”

While a prisoner, he was promoted to the rank of Captain. Denton was later awarded the Navy Cross and several other decorations mostly for heroism while a prisoner of war.

On February 12, 1973, Denton was released in Hanoi by the North Vietnamese along with numerous other American POWs during Operation Homecoming. Stepping off the jet back home in uniform, Denton said: “We are honored to have had the opportunity to serve our country under difficult circumstances. We are profoundly grateful to our Commander-in-Chief and to our nation for this day. God bless America.”

Click the link below to see the ABC news coverage of Admiral Denton’s return home to the United States. Admiral Denton appears at the 3:03 minute mark.

Feb. 12, 1973: First POWs Return From Vietnam

Defense Department’s Actions Against LTC Matthew Dooley Violate National Interests: TMLC Challenges National Defense University’s Accreditation

January 29, 2013 by

TMLC announced today that it filed a formal complaint with the President of the Middle States Commission on Higher Education (Commission) challenging the accreditation of the National Defense University (NDU). The Commission, which accredited NDU as a degree granting university, responded that it has begun a “preliminary review” of TMLC’s complaint.

TMLC’s complaint provides overwhelming evidence that several NDU and Department of Defense (DoD) policies relating to academic freedom were violated when Lieutenant Colonel (LTC) Matthew Dooley was removed from his teaching post as a result of demands by Muslim organizations that all training materials offensive to Islam be purged and instructorsusing the materials disciplined.

TMLC also asked the Commission to conduct its own confidential on-site interviews of NDU faculty members to determine the extent to which academic freedom has been diminished and what measures should be taken to insure the future integrity of NDU as a university.

LTC Dooley was an instructor at the NDU, and one of the faculty members assigned to run the elective course entitled, Perspectives on Islam and Islamic Radicalism. Click here to read TMLC’s 7-page complaint.

Richard Thompson, TMLC President and Chief Counsel, observed: “The actions taken against LTC Dooley are astonishing. NDU’s own policies recognize that academic freedom is essential to the integrity of the university classroom setting as well as U.S. national interests. In fact, the Department of Defense had specifically directed the National Defense University to establish a climate of academic freedom within the university, with the directed purpose to foster lively, classroom debate in the examination of national security issues. Contrary to these established policies, NDU and DoD have subsequently gone on to violate their own rules in handling this incident concerning the Islamic Radicalism elective.”

General Martin Dempsey, Chairman of the Joint Chiefs, publicly excoriated LTC Dooley and characterized his course on Islamic Radicalism as “offensive to Muslims”, and “against our values.” General Dempsey’s evaluation of LTC Dooley was in stark contrast to the glowing reports from those who witnessed LTC Dooley’s abilities as an instructor first hand, namely, his students and superiors at NDU. Clearly, the inaccurate prejudicial narrative that was permitted to persist against LTC Dooley clashes with the positive narrative, voiced again and again, by the students who were actually in Dooley’s classroom and by his immediate superiors at NDU who witnessed his teaching methods.

In light of LTC Dooley’s public ridicule by General Dempsey, his termination as an instructor and his career-ending Officer Evaluation Report (OER), other NDU faculty members have voiced their own concerns about academic freedom at NDU.

NDU policy defines academic freedom as the “freedom to pursue and express ideas, opinions, and issues germane to the University’s stated mission, free of limitations, restraints, or coercion by the University or external environment. Academic freedom is the hallmark of an academic institution.”

Defense Department’s Actions Against LTC Matthew Dooley Violate National Interests: Complaint Filed Challenging National Defense University’s Accreditation

January 29, 2013 by

ANN ARBOR, MI — The Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, Michigan, today announced that it filed a formal complaint with the President of the Middle States Commission on Higher Education (Commission) challenging the accreditation of the National Defense University (NDU). The Commission, which accredited NDU as a degree granting university, responded that it has begun a “preliminary review” of TMLC’s complaint.

TMLC’s complaint provides overwhelming evidence that several NDU and Department of Defense (DoD) policies relating to academic freedom were violated when Lieutenant Colonel (LTC) Matthew Dooley was removed from his teaching post as a result of demands by Muslim organizations that all training materials offensive to Islam bepurged and instructorsusing the materialsdisciplined.

Reminder – Only Six Days Left to Make a 2012 IRA Charitable Gift to TMLC

January 25, 2013 by

On January 2, 2013, Congress passed the American Taxpayer Relief Act of 2012. This means that you are still able to make a 2012 charitable donation to the Thomas More Law Center (TMLC) in two ways:

If you received an IRA distribution in December of 2012, you can make a donation from those proceeds to TMLC and that portion of your distribution will be treated as a Qualified Charitable Rollover for 2012. Simply send your donation to TMLC by January 31, 2013 with instructions that the funds were initially distributed to you in December, 2012 from your IRA account.
If a donation is sent directly from your IRA account to the Thomas More Law Center by January 31, 2013, those proceeds will be treated as a Qualified Charitable Rollover for 2012.

With regard to the year 2013, tax free charitable donations from IRA accounts will be subject to the same dollar limit ($100,000) for individuals and other restrictions that were in place before the law expired on December 31, 2011.

The American Taxpayer Relief Act of 2012, in part, reinstated the Individual Retirement Account (IRA) Qualified Charitable Rollover. This IRA provision, which expired on December 31, 2011, was reinstated to apply retroactively to 2012. It allows individuals aged 70 ½ or older to make tax free charitable donations up to $100,000 ($200,000 for married couples) from their IRA accounts. You have until January 31, 2013 to do so.

Please contact Tom Lynch, Director of Mission Advancement, at (734) 827-2001 for more information.

Note: This section provides general financial information, not specific financial advice. The material contained in this section does not create or imply an advisor-client relationship with the Thomas More Law Center or any of its attorneys. For specific questions, consult a qualified financial and/or tax advisor.