Federal lawsuit filed in San Diego to stop California pregnancy care center “Bully” law AB 775 that coerces conscience violating speech.



CONTACT NCLP MEDIA RELATIONS: (760) 747- 4529, x103

SAN DIEGO, CA—Today a federal lawsuit was filed in U.S. District Court challenging California Assembly Bill 775, the Reproductive FACT Act (“Act’). The Act forces California’s pregnancy care centers (“PCC’s”) to express government sanctioned speech that conflicts with and undermines PCC’s life-affirming beliefs and messages.

AB 775 passed the legislature on September 3, 2015 and was signed into law by Governor Edmund G. Brown, Jr. on October 9, 2015. Plaintiffs are the National Institute of Family and Life Advocates (NIFLA), the Pregnancy Care Clinic located in El Cajon, and the Fallbrook Pregnancy Resource Center. Named defendants include California Governor Edmund D. Brown, Jr., Attorney General Kamala Harris, co-sponsor of the legislation, San Diego County Counsel Thomas Montgomery, and El Cajon City Attorney Morgan Foley in their official capacities.

The lawsuit seeks injunctive and declaratory relief against the Act because it compels plaintiffs’ speech in violation of the First Amendment’s Free Speech Clause, is impermissibly vague under the Fourteenth Amendment’s Due Process Clause, violates the Free Exercise of religion protected by the First Amendment, and transgresses the Coats-Snow Amendment, 42 U.S.C. § 238n, a federal statute protecting licensed health care entities from being required to refer for abortion or make arrangements for such referrals.

The PCC’s are represented by The National Center for Law & Policy’s (NCLP) Dean Broyles and Alliance Defending Freedom (ADF) attorneys Matt Bowman, David J. Hacker, Kevin Theriot, and Elissa Graves. Anne O’Connor of National Institute of Family Life and Life Advocates (NIFLA) completes the legal team representing the plaintiffs.

Sponsored by NARAL and supported by Planned Parenthood, the Act unfairly targets California’s life affirming PCC’s with coerced speech designed to steer women away from PCC’s and towards abortion providers. The Act forces medical PCC’s to refer women elsewhere for free or low cost abortions. Non-medical PCC’s must, in very large, bold, conspicuous print, both at the clinic and in all advertising, notify women that they are not medically licensed. Violation of the law would lead to financially burdensome fines.

“Pregnancy care centers provide valuable resources and services to women facing unplanned pregnancies, giving them meaningful life-affirming alternatives to abortion, like adoption,” declared Dean Broyles. “I am honored to be a part of the legal team challenging this egregious and unjust law that violates the freedom of conscience, religious freedom, and the freedom of speech. If not stopped, the Act will lead to more unnecessary death and dismemberment of children.”

“Planned Parenthood and NARAL are cheerleaders for abortion,” continued Broyles. “The transparent goal of AB 775 is to increase the number of infant deaths in California by, now with the force of law, diverting women away from PCC’s to Planned Parenthood facilities and other abortuaries where death is aggressively promoted, babies are killed, dismembered, and their body parts sold for profit. This gruesome inhumanity and callousness has been on full display recently as Planned Parenthood doctors and others have been caught on tape operating grotesque baby chop shops, casually discussing trafficking in children’s body parts while crunching on salad and sipping Chardonnay, reducing human flesh to a highly profitable commodity.”

“Planned Parenthood and their allies have a clear conflict of interest as they stand to significantly profit from the Act,” added Broyles. “Laws similar to AB 775, coercing commercial speech, have already been successfully challenged and defeated in New York, Texas, and Maryland. Our legal team will work very hard to ensure that AB 775 experiences the same fate here in California.”

Please address media inquiries to The National Center for Law & Policy. The National Center for Law & Policy is a non-profit 501(c)(3) legal defense organization dedicated to the protection and promotion of religious freedom, the affirmation of life, parental rights, and other civil liberties. Please visit our website at www.nclplaw.org.

For further comment, please contact The National Center for Law & Policy at 760-747-4529 x103 or dbroyles@nclplaw.org.

The Tyranny of the Libido


The sex drive is a powerful natural force.  Reasonably directed in proper context, it is a tremendous gift and blessing.  Unrestrained, it can inflict great damage.  In recent decades we have learned just how terrifyingly destructive the “liberated” libido can be.

At the advent of America, and for the centuries that followed, our collective libidos were largely restrained by religious convictions and common cultural mores.  The general social consensus, influenced by religion and history, was that sex was best experienced and enjoyed in the committed union of one man and one woman. There were some exceptions to this rule, but it was largely understood and accepted that breaking the rules did not serve the common good and would have negative consequences—both personally and culturally.

The sexual revolution beginning in the 1960’s was truly revolutionary.  It initiated a process of radical transformation of our views concerning our sex drives.  Sex became uncoupled from transcendent purposes serving the common good, including fidelity, marriage, and child rearing.  It began to be viewed primarily as a means of self-stimulation, self-fulfillment, and self-actualization. This movement can perhaps be best summarized by the mantra, “If it feels good, do it!”

In the decades since, the American libido has become progressively unchained from prior boundaries and increasingly exalted as an American demi-god, to be idolized, worshipped, and obeyed—at all costs.  We have even given unrestrained lust the cool-sounding name of “sexual liberty.”  In 1992, U.S. Supreme Court Justice Anthony Kennedy paid homage to this American idol in Planned Parenthood v. Casey, where the majority cowardly reaffirmed Roe v. Wade. Kennedy wrote, “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.”

God is dead!  Long live the libido!  Consequently, unrestrained sexual expression has been ceded a central and prominent place in our popular culture and, increasingly, even in our laws.

Yet the dark consequences of our “liberation” and bondage to self-worship are truly staggering.  They are starkly displayed in the growth of pornography, sex addiction, sex outside of marriage, unintended pregnancies, abortion on demand, the macabre sale of baby body parts, no-fault divorce, the diminution of marriage and family, the decriminalization of sodomy, the inappropriate association of  the LGBT movement with the black civil rights narrative (i.e. discrimination), and finally, now, same-sex “marriage.” These developments have been culturally destructive and have also profoundly and negatively impacted the biblical fidelity of the body of Christ.

And, as the tyrant libido has ascended its lecherous throne, rather strangely, truth, represented by objective biology and transcendent normative ethics, is now diminished, targeted as public enemy number one of this sexual new world order. Propaganda has replaced truth and common sense.  We can have sex with whomever we wish whenever we wish.  We can now “be” whatever gender we “feel” that we are (See Bruce Jenner).   We can marry whomever we wish.  Truth has been turned on its head.  What was good is now evil; what was once evil is now good.

The result is that the individual’s libido must now be given first priority, preference, and prominence at all costs.  Sex is indeed a cruel master.  Any notion that the libido is a benevolent dictator is undermined by its intolerantly harsh treatment of religious dissenters.  In fact, this state of moral anarchy has resulted in growing legal anarchy.  This nonsense has now been enshrined in “law” as the U.S. Supreme Court has created a new constitutional right to same-sex “marriage” and as state after state hauls more conscientious objecting Christian bakers, photographers and florists into court informing them that their religious liberty means nothing and can be easily balanced away on the scales of injustice.  If you are not on board with the increasingly radical sexual revolution, you are tarred as a bigot, worthy of being run out of business.

Thus, we have tragically confused libertinism with true liberty. The revolution many foolishly believed would set us free has actually harassed and enslaved us.  And our cruel tyrant now bitterly oppresses us and mocks us in our chains.  Again we are reminded that natural law is baked into God’s universe.  History reminds us that no great empire has survived the tyranny of the libido.  You can believe with all of your heart that you can break the rules, defy gravity and fly; but gravity rules and will kick your butt every time.  The same is true of moral laws.  Virtue results in a thriving culture and promotes the common good.  Immorality leads to darker places.

Someday, hopefully very soon, we will wake up from the hazy stupor and slumber of our collective 60’s hangover and realize that our purported sexual liberation has actually resulted in our enslavement.  It promised freedom but has delivered pain, death, destruction and bondage.  But until then, if we are painfully honest with ourselves, we must admit that we have sacrificed what is good and true—life, religious liberty, and the pursuit of authentic happiness—on the pagan altar of unchecked sexual liberty.  The tyranny of the libido is crushing everything in its path and is destroying our God-given freedoms.  I mourn the loss, do you?

To our great shame, we have sold our birthright for a bowl of sex.  Our founders would be stunned that our God-given inalienable First Amendment rights are being so casually traded in favor of our unrestrained deified fleshly appetites.  They sacrificed and fought for many things, but one thing they were clearly not fighting for is the intolerant tyranny of unrestrained lust.  May we repent with tears and may God save the United States of America!

Dying for a Lamborghini


What would you do if you were offered the one thing you really wanted, but you had to do something truly terrible to get it?  What would you be willing to trade for your dream?  Your humanity?  Someone else’s humanity?  Let’s say that you had to hurt someone you love to finally achieve your big dream home.  Or perhaps you had to hasten the death of a relative to inherit a million dollars?  How far would you go?  What would you be willing to sacrifice to fulfill your selfish fantasies?  Would you kill for a really cool car?

Such Faustian bargains are unfortunately not just the fodder of fairy tales.  They are all too contemporary in our complex, modern, increasingly value-free, jaded, materialistic American culture.  We don’t want to admit it, but sometimes we are tempted to sacrifice our principles for profit, trading our virtue for worthless idols.

Truth is stranger, or perhaps darker, than fiction.  Enter reality, ripped from the headlines.  A Planned Parenthood employee, Dr. Deborah Nucatola, was caught on tape casually discussing how to avoid crushing aborted baby body parts containing vital organs, while crunching on salad and sipping Cabernet. Exposed, Planned Parenthood’s media team started distorting reality at speeds faster than the salad spinner that dried her fancy lettuce.  They claimed it wasn’t really all that bad, because the commodification of dead babies was for medical research and because they weren’t really “selling” the body parts, but only charging for transport costs, a modest fee of, say, $30 to $100.  What a bargain!  Why the explanation? Because the optics where truly horrible and because they were probably breaking the law.  According to the 42 U.S. Code, Section 289-G2, “It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer any human fetal tissue for valuable consideration if the transfer affects interstate commerce.”

And then, as it so often does, the other shoe dropped.  Be sure your sin will find you out!  Another video of yet another Planned Parenthood employee, Dr. Mary Gatter, surfaced revealing the callous deception of their duplicitous media messages.  You see, while bragging about a “less crunchy method” to preserve baby vital organs during abortions, Dr. Gatter drove a very hard bargain, not wanting to reveal her asking price for human baby flesh so as to weaken her negotiating position.  The truly dark conversation ends with Gatter confirming that she probably wants more than $100 per intact specimen. Why, because, as she explains, “I want a Lamborghini!”

Here’s a truly gruesome summary of what we learned, or perhaps have been reminded of, this week.  First, approximately 55 million of our fellow citizens have been “legally” exterminated (in perhaps history’s largest genocide) since 1973, when the U.S. Supreme Court in Roe v. Wade unlawfully discovered and created a specious new “constitutional right” to kill babies (similarly as they did with same-sex “marriage” last month).  Second, Planned Parenthood is an active proponent and purveyor of baby killing.  Third, Planned Parenthood is significantly funded by you and me—our taxpayer dollars at work (They gross well over $1 billion annually—half of that from taxpayers.)! Fourth, they are altering abortion procedures to ensure lucrative baby body parts remain intact, also a violation of the law.  Fifth, Planned Parenthood has commodified dead baby body parts and is unlawfully profiting from their sale.  And finally, Dr. Mary Gatter wants to be so successful in this satanic scheme, that perhaps she will be able to afford a Lamborghini, starting price, $241,000.

As my friend attorney Casey Mattox recently noted, these videos have perhaps once and for all exposed Planned Parenthood as “an uncaring abortionist with a terrible bedside manner looking to squeeze out the last few dollars in profit from the unborn child it is killing.”  Are you not outraged?  If this sadistic status quo doesn’t grieve you deeply as a fellow human being, I simply ask, why not?  Perhaps this is because those holding culture’s megaphones have so successfully desensitized us by their pervasive propaganda as to what is truly evil, that we have lost the ability to be subjectively (and appropriately) shocked by darkness, sin, evil, or murder—even when confronted by truly such objectively awful things.  Have we become so morally numb that we have lost the human capacity for compassion, empathy, love, and concern for innocent victims?

This week’s macabre video montage reveals that the abortion industry is morally bankrupt and, like the proverbial emperor, has “no clothes.”  Planned Parenthood has been exposed as what it has always been, not a magnanimous champion of the rights of women, but rather a maleficent eugenically-motivated killing machine misappropriating taxpayer dollars as a part of its gruesome legacy of death and destruction.  We will be judged for how we have treated the least of these.  America, we can do better!  We must do better.