Pacific Justice Institute

From Wikipedia, the free encyclopedia
Pacific Justice Institute
Pacific Justice Institute logo September 2012.jpg
Founded1997
FounderBrad W. Dacus[1][2]
TypeLegal advocacy
Location
President
Brad W. Dacus
Websitewww.pacificjustice.org

The Pacific Justice Institute (PJI) is a conservative legal defense organization in California, United States.[3]

PJI provides pro bono representation in matters involving the exercise of religion and other civil liberties.[4] It has supported the recitation of "under God" as part of the Pledge of Allegiance in public schools,[3][5][6][7] homeschooling,[8][9] and the enforcement of the Religious Land Use and Institutionalized Persons Act.[10]

The mission of the organization is "to provide rigorous defense for families and religious organizations when their constitutionally guaranteed rights of conscience are threatened."[11]

In 2014, the Southern Poverty Law Center designated the Pacific Justice Institute as a hate group.[12] Fox News labeled PJC a "legal watchdog group."[13]

Structure and Finances[]

PJI is a tax-exempt non-profit organization.[4] It is headquartered in Sacramento and has four other office locations in California, in the cities of Santa Ana, Oakland, Riverside, and San Diego.[14] It was founded in 1997[3][15] by its current president, Brad W. Dacus,[15] a graduate of the University of Texas School of Law.[16]

In 2020, Charity Navigator gave PJC a 4-star rating. The organization reported income contributions and grants totaling $2,300,266 in 2017.[32]

Positions and Activities[]

PJI has been involved in legislation, has filed amicus curiae briefs in legal cases[17] and testified in state and federal legislatures.[18][19]

PJI supported Proposition 8, a 2008 California ballot initiative that defined marriage as one man and one woman. The ballot initiative was overturned by the Hollingsworth v. Perry decision in 2013.[20][21][22]

PJI opposed the Affordable Care Act's individual mandate provision.[23]

PJI unsuccessfully opposed SB 1172, a 2012 California law that banned conversion therapy for children under 18.[24][25][26]

PJI opposed the School Success and Opportunity Act, a 2013 California law which allows transgender public school students to use restrooms and play on sports teams that fit their gender identity.[27] In 2013, Media Matters for America described the Pacific Justice Institute as the "LGBT Misinformer of The Year", because it had publicized a press release containing false claims against a transgender student that were based only on the complaints of an angry parent, as part of its campaign against the law. Media Matters stated that PJI "came pretty close to conceding" the story was not true.[28] In 2014, PJI filed suit over whether a referendum against the law qualified for the November 2014 ballot.[29]

PJI helped a neighborhood group successfully oppose the operating permit for a medical marijuana dispensary, in the only neighborhood in San Francisco without a local dispensary.[30]

PJI represented a church that objected to a nightclub with "adult entertainment" locating next door.[31] During the COVID-19 pandemic, PJI challenged public health restrictions on Church gatherings.[32]

PJI represented a student who was suspended for distributing religious literature on public school grounds.[33][34]

PJI represented people who had large Bible studies gatherings in a private home without a permit.[35]

In 2019, PJI advocated against a California sex education law that required public schools to teach comprehensive sexual health education and HIV prevention education (while allowing parents to opt their children out).[36]

In 2020, PJI filed a lawsuit against Washington Gov. Jay Inslee on behalf of two churches over the reopening process during the COVID-19 pandemic.[37] Gov. Inslee relaxed the attendance restrictions after a federal appeals court sided with a church in a lawsuit in Nevada.[38]

Notable cases[]

  • Newdow v. Congress, 598 F.3d 638 (9th Cir. 2010) cert. denied 131 S. Ct. 1612 (U.S. 2011). AKA: The "In God We Trust Case" – A prominent atheist, Michael Newdow, filed a suit to declare the national motto – In God We Trust – unconstitutional and to have it removed from coins and currency. The case was dismissed by the trial court and the Ninth Circuit affirmed that decision.[39] Pacific Justice Institute intervened as a defendant in the lawsuit.[39]
  • In re Jonathan L., 165 Cal.App.4th 1074 (2008) – On February 28, 2008, a three justice panel of the California Court of Appeal initially ruled against Sunland Christian School in a dispute over parental rights to homeschool their own children. Sunland, represented on appeal by PJI, provided an independent study program taught by parents. The Court also initially ruled that all home-based instruction is unlawful unless performed by a credentialed tutor on a daily basis.[40][41][42] In August 2008, the Court vacated and reversed its initial decision.[42]
  • Newdow v. Roberts, 603 F.3d 1002 (D.C. Cir. 2010) cert. denied 131 S. Ct. 2441 (U.S. 2010) – Michael Newdow, 17 individuals, the American Humanist Association and other atheist groups filed a lawsuit to prevent two prominent clergy, pastor Rick Warren and Rev. Joseph E. Lowery, from giving the invocation and benediction at the inauguration of President Obama. Chief Justice Roberts was sued to prevent him from using religious phrases such as "so help me God" in administering the presidential oath.[43][44] PJI represented pastor Warren.[45]
  • International Church of the Foursquare Gospel v. City of San Leandro, 634 F.3d 1037 (9th Cir. 2011) cert denied 132 S. Ct. 251 (U.S. 2011) – Faith Fellowship Church, grew from 65 to 1,500 and was unable to accommodate its congregation at its current facility, and thus the church purchased a building in an industrially zoned area due to the overcrowding and extreme traffic congestion that it caused at its current mixed residential and business location.[46] The City refused to allow the church to use the new building, resulting in a $33,000 per month mortgage payment for a facility that the Church could not occupy.[46] PJI won the case and city paid out $2.3 million.[47][33]
  • Snatchko v. Galleria Mall – Youth pastor Matthew Snatchko was arrested at the Roseville Galleria Mall in 2007 for striking up a casual conversation with two other shoppers about faith. Although Snatchko had the shoppers' permission to broach the subject, a store employee called mall security guards, who arrested Snatchko. Criminal charges were dropped, but attorneys with PJI filed suit challenging the mall's restrictions on conversations between strangers. The trial court ruled in favor of the mall, but the Court of Appeal reversed, in a unanimous opinion, finding no legitimate basis for suppression of the youth pastor's speech.[48][49][50]
  • Bible Club and R.G., a Minor by and through her Next Friend R.G. v. Placentia-Yorba Linda Unified School Dist., 573 F.Supp.2d 1291 (2008) – A federal court issued a preliminary injunction against a school district that refused to allow a high school student to start a Christian club at her school. The school only permitted "curriculum-related" groups to form on campus.[51] The District settled after the court ruled that the club must be given equal access to meet, use school supplies, have an advisor, and a yearbook listing.[51]
  • Guaytay v. San Diego County – PJI represented a couple in San Juan Capistrano, California against the city of when city officials fined them $300 for holding regular Bible studies at their home, claiming the meetings violated the city's zoning laws.[52][53][54][55] After PJI filed a lawsuit, the city changed its municipal code to not discriminate against religious gatherings by requiring costly use permits.[52][56]
  • Codding v. Placer Co. Clerk –After the California Supreme Court found the ban on same-sex marriage unconstitutional, but before the passage of Proposition 8, the State of California changed the words on the marriage license form from Bride and Groom to Party A and Party B. A man and a woman applied for a license and added the words Bride and Groom next to Party A and Party B. After the couple was married, the officiating minister signed and mailed marriage certificate to the county clerk, who rejected it because of the interlineation. PJI filed a lawsuit on behalf of the couple, and after the case was reported in the press, poll numbers supporting Proposition rose from 38% to 47%. The case was settled after the State of California agreed to change the wording on the license to remove Party A and Party B and allow checkboxes for options including Bride and Groom.[57]
  • Jesus Christ Prison Ministry v. CA Dept. of Corrections, 456 F.Supp.2d 1188 (E.D. CA 2006) – Prison authorities restricted inmate access to receiving religious literature, including Bibles, which were treated as contraband.[58] PJI represented Jesus Christ Christian Ministry and 15 inmates. The district court held that the government actors had violated the defendants' constitutional rights and RLUIPA. The case was settled and PJI was awarded attorneys fees and costs.[58][59]
  • K.D. v. GUHSD – A high school student shared his faith in private conversations with other students, but was warned by a teacher to stop because of the separation of church and state. A teacher also warned him not to take his Bible to school, and confiscated it. The student was suspended for two days. The suspension notice stated: "Student was told to stop preaching at school. Student continued after being warned several times."[60][61] The teacher also wrote on the suspension form, "Student will not bring Bible to school." Suit was brought in federal court, in the Southern District of California. The school district settled the case.[60][61]
  • Murrieta Red-light case – There was an effort to repeal a law in Murrieta, California that mandated that all traffic lights be installed with cameras in order to catch the license plates of people who blew red-lights and the effort to repeal the law came in the form of a private petition in order to put it on the ballot for the next election.[62][63][64] However, a lawsuit was levied against the private petition claiming that "residents don't have the authority to change traffic laws, and thus remove the cameras."[62][64] PJI represented the petitioners in court.[64] A committee funded by companies that provided the traffic cameras filed suit. On April 5, 2013, a Riverside Superior Court judge struck down the voter-approved ban.[65]
  • Armitage v. CSUN – PJI represented an electron microscope technician, Mark Armitage, who said he was fired from a Cal State University biology lab in 2013 for holding young Earth creationist beliefs. In 2012, Armitage stunned the university community by discovering soft tissue on a triceratops fossil Montana. He believed that dinosaur bones were at most 4,000 years old.[66][67]

References[]

  1. ^ Dacus, Brad. "Brad Dacus: Setting the record straight on Pacific Justice Institute". www.theunion.com. Retrieved 2020-07-29.
  2. ^ AP, Don Thompson |. "Church singing ban strikes sour note with California pastor". Washington Post. Retrieved 2020-07-29.
  3. ^ Jump up to: a b c Ann Southworth, 'Lawyers of the right: professionalizing the conservative coalition', Chicago: University Of Chicago Press, 2008, p. 30 [1]
  4. ^ Jump up to: a b Pacific Justice Institute Homepage
  5. ^ David Limbaugh, Persecution: How Liberals Are Waging War Against Christians, Washington, D.C.: Regnery Publishing, 2003, p. 210 [2]
  6. ^ Robert Murray Thomas, God in the classroom: religion and America's public schools, Praeger, 2007, p. 178 [3]
  7. ^ Janet Parshall, Craig Parshall, The Light in the City: Why Christians Must Advance and Not Retreat, Nashville, Tennessee: Thomas Nelson, 2000 [4]
  8. ^ Steven Greenhut, Good news on home-schooling, Orange County Register [5] March 28th, 2008
  9. ^ "Teachers Union Attacks Homeschoolers - PJI Responds" (Press release). Pacific Justice Institute. May 30, 2008. Retrieved May 22, 2014.
  10. ^ Biberman, Thor Kamban (2002-05-22). "Religions get new tool to fight land use regulations". The Daily Transcript. Retrieved 2020-05-11.
  11. ^ "Guidestar". Retrieved May 12, 2020.
  12. ^ "Pacific Justice Institute". Southern Poverty Law Center.
  13. ^ Chiaramonte, Perry (2016-02-09). "San Diego backs off ban of 'gender-biased' term 'Founding Fathers'". Fox News. Retrieved 2020-05-15.
  14. ^ Pacific Justice Institute Contact Page
  15. ^ Jump up to: a b Pacific Justice Institute Bio Page
  16. ^ http://www.martindale.com/profile/attorneys.aspx?alid=203002&ft=5
  17. ^ Karen Strauss et all, v. Mark B. Horton, as State Registrar of Vital Statistics, etc., et al; Robin Tyler et al., v. State California et al.; City and County of San Francisco et al., v. Mark B. Horton, as State Registrar,etc., et al., California Supreme Court,[6]
  18. ^ Report on the Activities of the Committee on the Judiciary of the House of Representatives During the One Hundred Tenth Congress, US Government Printing Office, [7] January 3, 2009
  19. ^ Hearing on HR 1592 – "Local Law Enforcement Hate Crimes Prevention Act of 2007", U.S. House of Representatives, Committee on the Judiciary, Subcommittee on Crime, Terrorism and Homeland Security, "Archived copy" (PDF). Archived from the original (PDF) on 2012-09-16. Retrieved 2012-08-02.CS1 maint: archived copy as title (link) April 17, 2007
  20. ^ Introduction to 2011 Digest of Legislation, California State Senate, [8] 2011
  21. ^ Valerie Richardson, California's Jerry Brown won't defend Prop 8, The Washington Times,[9] Sept. 3, 2010
  22. ^ Southern California Public Radio 89.3 KCC, Appeals court won't force state officials to defend Prop 8, Associated Press, [10] Sept. 2, 2010
  23. ^ "Federal Judge Strikes Down Health Care Mandate" (Press release). Pacific Justice Institute. Dec 13, 2010. Retrieved May 22, 2014.
  24. ^ Nannette Miranda, Lawmakers debate ban on sexual orientation therapy, ABC Channel 7 News,[11] May 30, 2012
  25. ^ Hannah Dreier, Gay Teen 'Conversion' Therapy May Be Banned In California, The Huffington Post, [12] May 8, 2012
  26. ^ SB 1172 Senate Bill - Bill Analysis, California Senate Rules Committee, [13] May 8, 2012
  27. ^ Egelko, Bob (2014-02-25). "Referendum challenging transgender rights law fails to make ballot". San Francisco Chronicle.
  28. ^ Brinker, Luke (2013-12-29). "LGBT Misinformer Of The Year: The Pacific Justice Institute". Media Matters for America.
  29. ^ "Foes of California transgender rights law revive ballot fight". The Monterey County Herald. Associated Press. March 25, 2014. Archived from the original on May 23, 2014. Retrieved May 22, 2014.
  30. ^ Sari Staver (2017-10-05). "Anti-gay group sinks SF pot club". Bay Area Reporter. Retrieved 2017-10-10.
  31. ^ "Drain City Council considers ordinance restricting 'adult entertainment'". Cottage Grove Sentinel. Retrieved 2020-07-30.
  32. ^ "Eastern Oregon church leads suit over Gov. Kate Brown stay-home executive orders". kgw.com. Retrieved 2020-05-12.
  33. ^ Williams, June (2015-06-03). "Let Student Preach, Judge Tells School". Retrieved 2020-05-12.
  34. ^ Kalb, Loretta (December 21, 2014). "Sacramento Bee". Retrieved May 12, 2020.
  35. ^ "City orders end to church meetings at home". Daily News. 2010-03-18. Retrieved 2020-05-12.
  36. ^ Corey, Sam. "Pacific Justice Institute's Brad Dacus takes on law changing California sex education curriculum". www.theunion.com. Retrieved 2020-07-30.
  37. ^ Kraemer, Kristen (June 7, 2020). "Tri-Cities church sues Inslee over "unequal treatment" in phased reopening of counties". Tri-City Herald. Retrieved June 14, 2021.
  38. ^ Stormo, Allison (December 23, 2020). "COVID Rules Change for Churches in Washington". The Chronicle. Retrieved 2021-06-14.
  39. ^ Jump up to: a b Bob Egelko, 'In God We Trust' suit rejected by Supreme Court, San Francisco Chronicle, [14] March 8, 2011
  40. ^ Seema Mehta and Mitchel Landsberg, Ruling seen as a threat to many home-schooling families, Los Angeles Times, [15]
  41. ^ Kristin Kloberdanz, Criminalizing Home Schoolers, Times U.S., [16], March 7, 2008
  42. ^ Jump up to: a b The California Court of Appeals, Jonathan L. et al. v. The Superior Court of Los Angeles County, [17] August 8, 2008
  43. ^ Brian Montopoli, Atheists Sue Over Inaugural Prayer, CBS News, [18] December 31, 2008
  44. ^ Nikita Stewart, Atheists Sue to Get Prayer, God Out of Obama's Swearing-In, The Washington Post, [19] January 20, 2009
  45. ^ United States Court of Appeals District of Columbia, Newdow v. Roberts, [20] March 12, 2009
  46. ^ Jump up to: a b Bravin, Jess (16 November 2011). "Church Turns to Higher Authority in Zoning Battle". Wall Street Journal. Retrieved 16 March 2019.
  47. ^ Parke, Caleb (2020-06-17). "California court rules city can exclude church services in downtown, favoring theaters, entertainment". Fox News. Retrieved 2021-06-03.
  48. ^ Bob Egelko, Top state court drops mall's free speech challenge, San Francisco Chronicle, [21] October 21, 2010
  49. ^ Diane Macedo, Man Sues California Mall After Guard Arrests Him for Having Conversation About God, Fox News, [22] February 10, 2010
  50. ^ Lawrence D. Jones, Calif. Court of Appeal Mulls Mall's Ban on Religious, Political Talk, The Christian Post, [23] February 10, 2010
  51. ^ Jump up to: a b My-Thuan Tran, School must allow Bible club, Los Angeles Times, [24] September 4, 2008
  52. ^ Jump up to: a b CBS Los Angeles, KNX 1070, San Juan Capistrano Adopts Changes to Shield Home Bible Studies,[25] June 21, 2012
  53. ^ Christina NG, California Family Fined for Bible Study in Home, ABC News, [26] Sept. 22, 2011
  54. ^ Fox News, California Couple Fined $300 for Holding Home Bible Studies,[27] Sept. 21, 2011
  55. ^ LA Times, San Juan Capistrano family fined for holding Bible study in home, [28] Sept. 21, 2011
  56. ^ The Capistrano Dispatch, Capistrano Couple Resolves Case Over Bible-Study Citation,[29] Archived 2012-05-02 at the Wayback Machine
  57. ^ "'Bride' and 'Groom' Back in California". 2018-07-04. Archived from the original on 2018-07-04. Retrieved 2021-06-03.
  58. ^ Jump up to: a b "Jesus Christ Christian Ministry v. CDCR | Civil Rights Litigation Clearinghouse". www.clearinghouse.net. University of Michigan Law School. Retrieved 2021-06-03.
  59. ^ Ashley Mcglone, Corcoran prison inmates win access case to send Bible, , "Archived copy". Archived from the original on 2010-12-25. Retrieved 2012-09-04.CS1 maint: archived copy as title (link) July 2007
  60. ^ Jump up to: a b Nathan Max, Student booted in Bible flap suing school district, U-T San Diego, [30] March 31, 2011
  61. ^ Jump up to: a b Channel 10 News, Student Suspended For Bringing Bible To School Files Suit, [31] March 30, 2011
  62. ^ Jump up to: a b Kabbany, Jennifer (June 27, 2012). "Murrieta: Commission rejects political complaint". North County Times. Retrieved May 22, 2014.
  63. ^ Kabbany, Jennifer (June 22, 2012). "Murrieta: Council takes neutral stance on lawsuit". North County Times. Retrieved May 22, 2014.
  64. ^ Jump up to: a b c Williams, Michael J. (June 15, 2012). "Murrieta: Legal scrap heats up over measure". North County Times. Retrieved May 22, 2014.
  65. ^ "MURRIETA: Judge strikes down red-light camera ban". Press Enterprise. 2013-04-05. Retrieved 2021-06-03.
  66. ^ "Lawsuit: CSUN Scientist Fired After Soft Tissue Found On Dinosaur Fossil". CBS Los Angeles. July 24, 2014. Retrieved August 26, 2014.
  67. ^ "Scientist claims California university fired him over creationist beliefs". Fox News. 2015-03-20. Retrieved 2021-06-03.
Retrieved from ""