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ANN ARBOR, MI – The Thomas More Law Center announced today that it has appealed a controversial decision of the Ninth Circuit Court of Appeals to the U.S. Supreme Court.   The appeal was filed in the case of Bradley Johnson v. Poway Unified School District late last week.

For the past twenty-five years, Bradley Johnson, a high school math teacher at the Poway School District located in California had been displaying red, white and blue banners in his classroom that contained patriotic phrases such as: “In God We Trust,” “One Nation Under God,” and “God Bless America.”

He displayed the banners pursuant to a 30-year school district policy that permitted teachers to maintain classroom displays of non-curricular messages that reflected their personal opinions and values.  In effect, the school district designated classroom walls as forum for the expression of the teacher’s private opinions and viewpoints.

However, in 2007 school officials ordered Johnson to remove his banners because they promoted a “Judeo-Christian” viewpoint.

In an outrageous case of double standard, school officials allowed other teachers to display non-Christian religious displays in their classrooms.  These displays included a 40-foot string of Tibetan prayer flags with images of Buddha hung across a classroom, a poster with Hindu leader Mahatma Gandhi’s “7 Social Sins;” a poster of Muslim leader Malcolm X; a poster of the Buddhist leader Dali Lama; and a poster containing the lyrics of John Lennon’s anti-religion song “Imagine,” which begins, Imagine there’s no Heaven.

As a result, the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, which defends the religious liberty of Christians, filed a federal lawsuit against the school district on behalf of Johnson.

On February 25, 2010, Federal District Judge Robert T. Benitez agreed with the Thomas More Law Center.  He ruled that “Johnson was simply exercising his free speech rights on subjects that were otherwise permitted in the limited public forum created by Defendants” and that there was an “ongoing violation of his First Amendment free speech rights.”

However, the Poway School District appealed the ruling and a three judge panel of the Ninth Circuit Court of Appeals reversed Judge Benitez’s decision ruling that the school district was justified in removing banners that mentioned God, while leaving untouched the Tibetan Prayer flags and the images of Buddha.

Richard Thompson, President and Chief Counsel of the Law Center, commented, “This case is a prime example of how public schools across our nation are cleansing our classrooms of our Christian heritage while promoting atheism and other non–Christian religions under the guise of cultural diversity.”

Continued Thompson, “The Ninth Circuit Court’s rationale in allowing the Tibetan Prayer Flags and references to other religions while outlawing America’s patriotic slogans that mention God is unconvincing.  Brad Johnson was simply exercising his free speech rights in a forum created by the school district to inform students of the religious foundations of our nation.”   [Read Ninth Circuit Court opinion here]

Attempts to get a rehearing in the Ninth Circuit Court of Appeals failed, and so the Law Center pursued its only remaining option– a Petition for a Writ of Certiorari (appeal) to the United States Supreme Court.   [Read Petition to Supreme Court here]

The Thomas More Law Center defends and promotes America’s Judeo-Christian heritage and moral values, a strong national defense, and an independent and sovereign United States of America. 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.

ANN ARBOR, MI – Continuing its support of states that enact tough illegal immigration laws, the Thomas More Law Center, a national public interest law firm, based in Ann Arbor, Michigan, filed a brief supporting Alabama’s recently enacted law.

The Law Center’s brief was filed on Tuesday, January 3, 2012, in the Eleventh Circuit Court of Appeals in the case of United States v. Alabama, a case brought against the state of Alabama by the Department of Justice (“DOJ”) to stop it from enforcing laws against illegal immigrants found in that state.  The Court of Appeals will hear oral arguments this March. [read brief here]

In September 2010, the Thomas More Law Center also filed a brief in the United States Supreme Court supporting Arizona’s illegal immigration law.  That law was also challenged by the DOJ.  In their brief, the Law Center argued for the need of the U.S. Supreme Court to review and reverse the decision of the lower courts.  The U.S. Supreme Court has agreed to hear oral arguments in United States v. Arizona during its Spring 2012 term.

Because the DOJ has refused to enforce federal laws against illegal immigration, several states have acted to protect their citizens by passing laws to insure their safety, including Arizona, Alabama, Utah, Indiana, Georgia, and South Carolina.

Instead of stepping up its enforcement of federal laws passed by Congress prohibiting illegal immigration, the DOJ has filed lawsuits against states that have tried to protect their citizens from the economic, social and public safety impact illegal immigrants have on their states.  The DOJ’s primary contention is that federal law pre-empts state law in this area as the federal government holds the exclusive right to regulate immigration.

In response to DOJ’s contention, the Law Center posits “States, and not the federal government, have the paramount right to exercise their police powers to provide for the physical protection and safety of persons within their respective borders.”

Moreover, DOJ seeks to strike down the state laws under the non-enforcement policies of the Obama administration, and not under the actual authority or intentions of Congress, which passed laws prohibiting illegal immigration and providing for the removal of illegal immigrants.  The plain fact is that state legislation enforcing the illegal immigration laws does not conflict with Congress’ intentions and existing federal regulations.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, commented, “It’s clear that the DOJ is shirking its responsibility to enforce the laws against illegal immigration for political reasons.  The Law Center views their refusal as action that jeopardizes our national sovereignty and security.  If we can’t protect our borders and citizens from illegal immigrants, in time we will lose our country.”

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

The Thomas More Law Center filed a federal lawsuit yesterday afternoon against the Howell Public School District located in Howell, Michigan, and teacher, Johnson (“Jay”) McDowell, for punishment and humiliation heaped on a student after he expressed his religious belief opposing homosexuality when asked by the teacher during class. [copy of lawsuit]

The student, Daniel Glowacki, a junior at Howell High at the time of the incident, was specifically asked by McDowell about his feelings on homosexuals. Daniel responded that as a Catholic he was offended by the gay and lesbian lifestyle. Because of his answer, Daniel was ordered to leave the classroom under threat of suspension.

As news of the incident spread, homosexual activists across the country hailed McDowell as a hero and vilified Daniel and his family, as “bigots”, referring to Daniel’s religious objections to the homosexual agenda as “hate” speech. McDowell is head of the school’s teachers union. The Michigan Education Association, the state teachers’ union, supported McDowell’s actions.

National lesbian TV host, Ellen DeGeneres got in on the anti-Glowacki campaign. Daniel even became the subject of a school assembly.

The incident occurred on October 20, 2010, the day that Daniel’s Economics class teacher, Jay McDowell, wore a purple “Tyler’s Army” t-shirt, as part of a national campaign promoted by the Gay and Lesbian Alliance Against Defamation to highlight alleged “bullying” of homosexuals.

Rather than teach academic courses that day, McDowell decided to spend the entire day promoting this national pro-homosexual agenda, which included showing his classes a video concerning such “bullying.”

Richard Thompson, President and Chief Counsel of TMLC, commented: “Rather than teach the required Economics curriculum for which he is paid, McDowell, with the full knowledge of school officials, used his position of authority to promote his homosexual agenda at taxpayer’s expense. This case points out the outrageous way in which homosexual activists have turned our public schools into indoctrination centers, and are seeking to eradicate all religious and moral opposition to their agenda.”

Thompson added, “It defies common sense for schools to ban all sorts of unhealthy foods while at the same time promoting the homosexual lifestyle, which hard statistics show increases drug abuse, suicides and reduces the life expectancies by several years. Schools that promote such lifestyles are engaging in a form of child abuse.”

The incident all started when McDowell ordered a student in his classroom to remove her confederate flag belt buckle because he was offended by it. Daniel pointed out the teacher’s obvious hypocrisy: the teacher can promote a message that might be offensive to students, but students can’t wear clothing that expresses a message that is offensive to the teacher.

In total disregard of his professional responsibilities as a teacher and the constitutional rights of his students, after ordering Daniel to leave the classroom, McDowell asked the remainder of the class whether anyone else did not accept homosexuality. A student raised his hand, and McDowell ordered him out of the classroom as well.

In this case, the teacher became the bully, and the students who opposed his homosexual agenda became his victims.

A 14-year old openly gay student who supported McDowell at subsequent school board meeting appeared on the “The Ellen DeGeneres Show” to discuss his speech. The student was rewarded with a $10,000 academic scholarship by a digital media company.

The Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, Michigan filed the lawsuit on behalf Sandra Glowacki and her son Daniel in the federal District Court for the Eastern District of Michigan. TMLC is representing the family at no charge.

The lawsuit claims that Daniel Glowacki’s constitutional rights to freedom of speech and equal protection have been violated by the policies and actions of the school district and McDowell. Among other things, the lawsuit seeks nominal damages, a declaration that the school policies and actions violate the Constitution, and injunction to prohibit further constitutional violations.

In cooperation with the NEA, the MEA, and the HEA, and in furtherance of the national agenda of the Gay & Lesbian Alliance Against Defamation (“GLAAD”), the School District permitted the celebration of “Spirit Day” at Howell High School on October 20, 2010. On Spirit Day, people who support the acceptance of homosexuality wear the color purple.

In fact, the School District permitted its teachers to sell purple t-shirts with the slogan “Tyler’s Army” to students and teachers to promote the 2010 Spirit Day. “Tyler’s Army” is a reference to Tyler Clementi who committed suicide after a video of him having sex with another male student in his dorm room was posted on the Internet.

Senior Trial Counsel, Robert Muise, handling the case, stated: “Homosexual activists, with the willing and complicit support of public school districts and teachers’ unions throughout the country, are using our public schools to foist their destructive agenda on our children, thereby creating a hostile learning environment for those students who oppose this agenda on religious and moral grounds.  This case is just one example of the pernicious effect these activists are having on our students and in our community.  We intend to stop it.”

The Howell School District and the Michigan Education Association (“MEA”), which is a subsidiary of the National Education Association (“NEA”), along with the Howell Education Association (“HEA”), which is a chapter of the MEA, have forged a symbiotic relationship and have worked with one another to adopt policies, that promote homosexuality as an acceptable lifestyle and to prohibit religious opposition to homosexuality. The school district has promoted the concept that religious opposition to homosexuality is equivalent to bullying, hate speech, and homophobia in order to eradicate such opposition.