Thomas More Law Center

The Sword and Shield for People of Faith

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Thomas More Law Center to Defend 55 Foot Cross

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ANN ARBOR, MI – The Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, Michigan, announced today that it is representing the City of Frankenmuth, Michigan concerning a constitutional challenge to the 55 foot cross located on public land.  The stainless steel cross, constructed with private donations, was erected in1976 as a part of the City’s celebration of America’s Bicentennial.

In a letter to Frankenmuth city attorney Peter Goodstein dated July 31, 2012, Americans United for Separation of Church and State (AU) demanded that the City promptly remove the cross from public property or face litigation.  The letter claimed they had received a complaint about the cross, but did not name the complainant.

The cross was erected during our Nation’s Bicentennial as an historical marker to reflect the City’s unique founding as an Indian mission colony in 1845, and the sacrifices of its early settlers.

Earlier in the year, AU received a packet of information relating to the cross from the City in response to a Freedom of Information Act request. AU’s letter refers to the cross as the preeminent symbol of Christianity.  However, the fact that a cross is erected as an historical monument does not mean that the monument is automatically in violation of the constitutional prohibition against “an establishment of religion.” As Justice Kennedy observed in his plurality opinion in Salazar v. Buono concerning the cross on Sunrise Rock,

 

 “[A] Latin cross is not merely a reaffirmation of Christian beliefs.  It is a symbol often used to honor and respect those whose heroic acts, noble contributions, and patient striving help secure an honored place in history for this Nation and its  people.”

Richard Thompson, President and Chief Counsel of the Thomas More Law Center commented, “Current Supreme Court tests used to determine the constitutionality of crosses on public land are fact intensive.  Accordingly, we will officially respond to AU’s demand letter after reviewing the material the City provided them and conducting our own investigation on the history of the City’s celebration of America’s Bicentennial and the Frankenmuth cross.”

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.

NOTICE: To All Military, Federal Government and Postal Personnel

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2012 Combined Federal Campaign Kick-Off is September 1st!

Our CFC Number is #10792

Starting this week you will be asked to enroll in the 2012 Combined Federal Campaign (CFC).   Please include the Thomas More Law Center as a charity for your payroll deduction.  Our CFC Number is # 10792.

The Thomas More Law Center is a national nonprofit public interest law firm whose mission is to restore and defend America’s Judeo-Christian heritage and moral values, and to preserve a strong national defense, and a free and sovereign United States of America.

Since 2002, the Thomas More Law Center has initiated and funded more cases challenging Stealth Jihad being waged within our borders than any other law firm in the nation.

In courtrooms throughout our Nation, Thomas More Law Center lawyers fight for the religious liberty of Christians, time-honored family values, the sanctity of human life, and a strong national defense. The Law Center does not charge for its legal services, and relies on tax-deductible donations from patriotic Americans like you.

The Law Center defends the rights of our active military personnel and veterans sacrificed on the altar of political expediency by Washington politicians.  We defend war memorial crosses, nativity displays, and other Christian symbols on public land.

TMLC_CFC_WEB_AD_072811_2_
Look for us in the CFC Directory under our Federation name:  Christian Charities USA, # 10792.

Please click on ‘Forward to a Friend‘ link below to share this TMLC News Alert with Military, Federal Government civilian or postal employees you may know.

TMLC Files Opening Brief Leading Up to September 26 Hearing On HHS Mandate Injunction

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ANN ARBOR, MI –The Thomas More Law Center, yesterday afternoon, filed its opening brief in support of its motion for a Preliminary Injunction to stop enforcement of the HHS Mandate.   Federal District Judge Robert H. Cleland of the Eastern District of Michigan has set a hearing on the motion for September 26, 2012 at 10:00am.  In accordance with the Judge’s briefing schedule, the Government must file a response by August 29, 2012.  The hearing will take place at the U.S. Courthouse in Detroit, Michigan.

In order to allow the Law Center’s motion for a Preliminary Injunction to be fully heard and ruled upon by the Court, the Government agreed it would not enforce the HHS regulations against Plaintiffs prior to January 1, 2013.

Thomas More Law Center attorney, Erin Mersino, the lead counsel in the Plaintiffs’ lawsuit, was the principal author of the 29-page opening brief.   The Law Center’s brief focused on the Government’s violation of the religious freedom and free speech provisions of First Amendment to the U.S. Constitution, and the Religious Freedom Restoration Act of 1993 enacted by Congress.

Mersino observed in the brief:

“It is not surprising that in our country founded by individuals, who sought refuge from religious persecution, the Supreme Court of our country has succinctly avowed,

‘If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.'”

W. Va. State Bd. of Educ. v. Barnette, 319 U.S. 624, 642 (1943) (emphasis added).

Mersino continued:

“The statement written by Justice Jackson in his majority opinion is considered one of the Court’s greatest statements about our fundamental freedoms established by the Bill of Rights. It is upon this backdrop, and resting upon this body of jurisprudence built upon deference to the inalienable freedom of religion, that the constitutionality of the HHS Mandate must be decided.”

Click here to read entire brief

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, which promotes and defends Judeo-Christian values, represents  Legatus, the Nation’s largest organization of top Catholic business leaders, and the Ann Arbor-based Weingartz Supply Company, and its president Daniel Weingartz.  Joining in the case as co-counsel is Charles LiMandri, the Law Center’s West Coast Regional Director.

The Thomas More Law Center filed its federal lawsuit on May 6, 2012,  against Kathleen Sebelius, Secretary of the of the Department of Health and Human Services; Hilda Solis, Secretary of the Department of Labor; Timothy Geithner, Secretary of the Department of  the Treasury; and their respective departments.

The purpose of the lawsuit is to permanently block the implementation of the HHS Mandate which requires employers and individuals to obtain insurance coverage for abortions and contraception on the grounds that it imposes clear violations of conscience on Americans who morally object to abortion and contraception.

The lawsuit challenges the constitutionality of the HHS Mandate under the First Amendment rights to the Free Exercise of Religion and Free Speech and the Establishment Clause.   It also claims that the HHS Mandate violates the Religious Freedom Restoration Act of 1993 and the Administrative Procedure Act.

“Legatus” is the Latin word for “ambassador”, and its members are called upon to become “ambassadors for Christ” in living and sharing their Catholic Faith in their business, professional and personal lives.  It currently has over 4,000 members in 73 chapters located in 31 states.  It was founded in 1987 by Tom Monaghan, the former owner of Domino’s Pizza, to bring together the three key areas of a Catholic business leader’s life – Faith, Family and Business.

Court Asked to Enter Judgment in Favor of Tulsa Police Captain Paul Fields in Mosque Controversy

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ANN ARBOR, MI –Yesterday, attorneys representing Tulsa Police Captain Paul Fields filed a motion in an Oklahoma Federal District Court for entry of a partial judgment in his favor on the issue of liability. The Federal lawsuit involved the disciplinary action taken against Captain Fields after he refused orders to attend a Mosque event because it conflicted with his Christian faith and had nothing to do with any official police function.   He also told his superiors that he would not require any of his subordinates to follow the order if they shared similar religious convictions.

Before he disobeyed the order to attend the Mosque event, Captain Fields met with his superiors and explained to them why he felt it was an unlawful order which he could not in good conscience obey.

Although dubbed “Law Enforcement Appreciation Day”it had nothing to do with official police business.   It was a staged propaganda event to proselytize and use uniformed police officers as props.  The Mosque’s plan: photograph officers in the mosque eating and socializing with Muslim leaders for the media and their website.  All of this would establish the mosque’s credibility in the community despite its terrorist ties.

The event was scheduled for Friday, March 4, 2011— the “holy day” for Islam.   According to the mosque’s promotional flyer, the event was to include: a tour of the mosque, observing a “weekly prayer service,” lectures on Islamic “beliefs”, and meetings with the local Muslim leadership.

The mosque showed its true colors.  A week before the March 4th event, it hosted a dinner and speech by Imam Siraj Wahhaj, an unindicted co-conspirator in the 1993 World Trade Center bombing.  In 1992, Wahhaj told a Muslim audience in New Jersey.  “If only Muslims were more clever politically, they could take over the United States and replace its constitutional government with a caliphate.”

In another sermon, Wahhaj said: “In time, this so-called democracy will crumble, and there will be nothing, and the only thing that will remain will be Islam.” 

On June 9, 2011, Captain Paul Fields, a 18-year police veteran with a sterling record, was stripped of his command, suspended without pay and prohibited from being promoted for one year—a career busting punishment.  His offense: He disobeyed the order to attend the Tulsa Mosque event.

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, teamed up Captain Fields’ local Tulsa attorney to defend and advance his constitutional rights to the free exercise of religion.

Erin Mersino, trial counsel with the Thomas More Law Center (TMLC) and one of the attorneys handling the case, commented:“This lawsuit is about a Christian who is standing up and saying he does not want to do something that violates his conscience.”

Police Major Julie Harris, Fields’ immediate superior, presented compelling sworn deposition testimony in his favor.  It is prominently mentioned in the motion for Partial Summary Judgment.  She testified:

  • The Tulsa Police Department retaliated against Fields for exercising his constitutional rights.
  • Fields had the right to object to the order to attend the Mosque because of his deeply held religious beliefs.
  • Fields was punitively transferred for invoking his constitutional rights.
  • There was no need for Fields to attend the Mosque if he had a religious conviction against doing so and there was no crime to investigate.
  • Fields was the top performing shift commander in his division.
  • Fields’ punishment was inconsistent with other similarly situated officers of his rank
  • The allegations of the Internal Investigation of Fields could not be sustained.

TMLC is heavily involved in litigation defending the religious freedom of Christians as well as countering the infiltration of radical Muslims in America.

Richard Thompson, President and Chief Counsel of the Law Center, commented: “The Tulsa, Oklahoma Police Department, of all places, has succumbed to the Muslim Brotherhood’s influence operations, their Civilization Jihad.   I seriously doubt that a police chief would ever have ordered a Muslim officer to attend a Christian prayer service.  And I’m positive that had the officer refused to attend, he would not have been punished.  .”

The Thomas More Law Center defends and promotes America’s Judeo- Christian heritage and moral values, as well as 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.

Court Asked to Enter Judgment in Favor of Tulsa Police Captain Paul Fields in Mosque Controversy

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news_img_3254ANN ARBOR, MI –Yesterday, attorneys representing Tulsa Police Captain Paul Fields filed a motion in an Oklahoma Federal District Court for entry of a partial judgment in his favor on the issue of liability. The Federal lawsuit involved the disciplinary action taken against Captain Fields after he refused orders to attend a Mosque event because it conflicted with his Christian faith and had nothing to do with any official police function.   He also told his superiors that he would not require any of his subordinates to follow the order if they shared similar religious convictions.

Before he disobeyed the order to attend the Mosque event, Captain Fields met with his superiors and explained to them why he felt it was an unlawful order which he could not in good conscience obey.

Although dubbed “Law Enforcement Appreciation Day”it had nothing to do with official police business.   It was a staged propaganda event to proselytize and use uniformed police officers as props.  The Mosque’s plan: photograph officers in the mosque eating and socializing with Muslim leaders for the media and their website.  All of this would establish the mosque’s credibility in the community despite its terrorist ties.

The event was scheduled for Friday, March 4, 2011— the “holy day” for Islam.   According to the mosque’s promotional flyer, the event was to include: a tour of the mosque, observing a “weekly prayer service,” lectures on Islamic “beliefs”, and meetings with the local Muslim leadership.

The mosque showed its true colors.  A week before the March 4th event, it hosted a dinner and speech by Imam Siraj Wahhaj, an unindicted co-conspirator in the 1993 World Trade Center bombing.  In 1992, Wahhaj told a Muslim audience in New Jersey.  “If only Muslims were more clever politically, they could take over the United States and replace its constitutional government with a caliphate.”

In another sermon, Wahhaj said: “In time, this so-called democracy will crumble, and there will be nothing, and the only thing that will remain will be Islam.” 

On June 9, 2011, Captain Paul Fields, a 18-year police veteran with a sterling record, was stripped of his command, suspended without pay and prohibited from being promoted for one year—a career busting punishment.  His offense: He disobeyed the order to attend the Tulsa Mosque event.

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, teamed up Captain Fields’ local Tulsa attorney to defend and advance his constitutional rights to the free exercise of religion.

Erin Mersino, trial counsel with the Thomas More Law Center (TMLC) and one of the attorneys handling the case, commented:“This lawsuit is about a Christian who is standing up and saying he does not want to do something that violates his conscience.”

Police Major Julie Harris, Fields’ immediate superior, presented compelling sworn deposition testimony in his favor.  It is prominently mentioned in the motion for Partial Summary Judgment.  She testified:

  • The Tulsa Police Department retaliated against Fields for exercising his constitutional rights.
  • Fields had the right to object to the order to attend the Mosque because of his deeply held religious beliefs.
  • Fields was punitively transferred for invoking his constitutional rights.
  • There was no need for Fields to attend the Mosque if he had a religious conviction against doing so and there was no crime to investigate.
  • Fields was the top performing shift commander in his division.
  • Fields’ punishment was inconsistent with other similarly situated officers of his rank
  • The allegations of the Internal Investigation of Fields could not be sustained.

TMLC is heavily involved in litigation defending the religious freedom of Christians as well as countering the infiltration of radical Muslims in America.

Richard Thompson, President and Chief Counsel of the Law Center, commented: “The Tulsa, Oklahoma Police Department, of all places, has succumbed to the Muslim Brotherhood’s influence operations, their Civilization Jihad.   I seriously doubt that a police chief would ever have ordered a Muslim officer to attend a Christian prayer service.  And I’m positive that had the officer refused to attend, he would not have been punished.”

Farmington Public Schools Discovers New Reason for Selling School to the Islamic Cultural Association – It was Intimidated

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ANN ARBOR, MI – Farmington Public Schools (FPS) came up with a new, never before mentioned  reason, for its secret back room, no bid sale of Eagle Elementary school to the Islamic Cultural Center (ICA).   In a letter to Michigan Attorney General Bill Schuette dated August 8, 2012, school superintendent Susan H. Zurvalec claimed the District was afraid of being sued by the Islamic Cultural Association.

“Rejection of the ICA offer on the basis of religious affiliation could also have exposed the District to liability under the federal statute prohibiting land use regulations on the basis of religious denomination.”

[Click here to read entire letter]

Unbelievably, FPS is now defending its refusal to consider several other potential buyers, including a Christian church and Jewish learning institution,  on the grounds it did not want to be sued for religious discrimination by the Muslim buyer—the Islamic Cultural Association.

FPS’s latest contortion is in response to the Thomas More Law Center’s request that the Michigan Attorney General empanel a Citizens Grand Jury to pierce the fog of corruption that has descended on the back room manipulated sale of Eagle Elementary school to the ICA.

[Click here to read the Law Center’s letter to the Attorney General]

Reacting to the latest FPS explanation of its secret dealings with the ICA, Richard Thompson of the Thomas More Law Center observed: “If this wasn’t such a serious matter, their new reason is laughable.  It reminds me of Saturday Night Live character Tommy Flanagan, played by Jon Lovitz.  Every time Flanagan got caught in a lie, he would construct a new one using the catch phrase, ‘Yeah! That’s the ticket!’”

Continued Thompson, “Clearly, a series of factors point to wrong doing  by the Farmington Public Schools which demands a Grand Jury investigation to get at the truth.   I would think that the FPS board would also want such an investigation just to clear the air.   The public deserves to know the whole truth.”

While FPS’s new reason is premised on its reluctance to reject the ICA’s offer “on the basis of religious affiliation,” it had no such fear of a religious discrimination lawsuit or compunction in turning down a Christian church, Light of the World Christian Center, and a Jewish institution, Congregation Mesivta (which subsequently purchased a less desirable piece of property for over $1 million).

Several facts point to a backroom deal with the Islamic Cultural Association:

  • Two FPS Board members accepted campaign contributions from known leaders of ICA.
  • FPS ignored the recommendations of its own specially convened committee NOT TO SELL EAGLE.
  • FPS never listed the property, never retained a broker, never advertised the sale or otherwise engaged the market, as recommended by its own legal counsel and others.
  • FPS repeatedly turned away parties wanting to purchase Eagle Elementary.
  • FPS violated the Open Meetings Act by going into closed session to discuss the sale of Eagle.
  • FPS never notified the public that the vote to sell Eagle was to take place until the public learned about this in the local newspaper.
  • An earlier statement published on the FPS website enumerated several reasons it would not consider closing Eagle Elementary, including the considerable transportation costs that would result from redistricting.

One thing is certain, as public servants and stewards of taxpayer property, FPS failed in its obligations to the students and the public.