Luke Goodrich

Religious Freedom Restoration Act: AP story shows why this is a law liberals could love

Many of us may have heard of the Religious Freedom Restoration Act, which has been in effect since 1993 during the administration of President Bill Clinton. This was an era in which a broad coalition of liberals and conservatives often worked together on religious liberty issues.

Of course, RFRA has been vilified by liberals as a sop to conservatives, chiefly because it was used successfully in the 2014 U.S. Supreme Court “Hobby Lobby” case that allowed the crafts store chain to not provide birth control coverage for its employees. RFRA is frequently connected to religious liberty debates linked to LGBTQ issues, as well.

But now, many critics of RFRA are praising it after it was employed in the defense of Scott Warren, a Unitarian who was charged with harboring illegal aliens near a border crossing in the Arizona desert in January 2018. Our own Bobby Ross wrote about this case here and here.

A new Associated Press analysis describes why RFRA suddenly became important again:

Religious liberty is often a high priority for conservatives, but last week’s acquittal of an Arizona man prosecuted for aiding migrants along the U.S.-Mexico border is spotlighting the ability of religious freedom law to shield people of faith regardless of political ideology.

The case of Scott Warren, a college instructor and volunteer with a humanitarian group that helps migrants, gained nationwide notice as he challenged what he called the government’s “attempt to criminalize basic human kindness.”

Much of that attention focused on Warren’s acquittal on felony charges of harboring. But he was also acquitted Wednesday of a separate misdemeanor charge after his lawyers argued that his religious beliefs motivated him to leave water for migrants crossing through a desert wilderness area.

This was written by Elana Schor, the AP reporter for religion and politics who is part of AP’s new global religion reporting team, announced Sept. 5 that’s being paid for by a grant from the Lilly Endowment. (I broke the story about the grant here back in April 2018).

Warren’s acquittal this past week was a huge victory for the Religious Left.


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Religious freedom case involving Buddhist death row inmate in Texas just got more intriguing

At first glance, it might seem like a simple solution.

The state of Texas had a quick response to the U.S. Supreme Court decision involving a Buddhist death row inmate who asked for his spiritual adviser to be in the execution room with him.

In case you missed it earlier, the high court granted a rare stay of execution to Patrick Murphy last week. This came, as we noted, after a different high court ruling in an Arkansas case concerning Muslim inmate Domineque Ray.

The Lone Star fix? Ban all religious chaplains from the death chamber.

OK, problem solved. Or not.

The better news reports I’m seeing — both in Texas papers and the national press — reflect the crucial legal arguments in Patrick Murphy’s case and not just the simplified sound bites.

Among the incomplete coverage, CNN reports the Texas change as if it’s the end of the discussion:

(CNN) The Texas Department of Criminal Justice will bar chaplains, ministers and spiritual advisers from execution chambers in the wake of a Supreme Court ruling last week that halted the execution of an inmate who sought to have his Buddhist spiritual adviser in the death chamber.

The move is the latest step in a controversy that pit the religious liberty concerns of death row inmates against security concerns of prisons.

The justices agreed to stay Patrick Henry Murphy's execution, but weeks earlier, had denied a similar request from an inmate in Alabama.

Murphy's initial request had been denied by Texas because officials said for security reasons only prison employees were allowed into the chamber, and the prison only employed Christian and Muslim advisers.

Lawyers for Murphy challenged the policy arguing that it violated Murphy's religious liberty rights. The Supreme Court stepped in and put the execution on hold.

In a statement released Wednesday, the state now says that, "effective Immediately," the protocol now only allows security personnel in the execution chamber.

To its credit, CNN notes:


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