Conscience, Accommodation and Religious Freedom

Written by Don Byrd
The last month of political debate has shined a bright light on a difficult problem: when religious conscience conflicts with government regulation. When should the government action not apply to certain people with sincere religious objection? Often, this question eludes public attention because the faith perspective at issue is a minority view: as when Amish in Kentucky seek exemption from transportation safety requirements, or Muslim cab drivers in Minnesota argue their faith prohibits them from picking up passengers carrying alcohol.

Kentucky Senate Panel Approves State RFRA Bill

Written by Don Byrd
Kentucky may be the next state to enact a Religious Freedom Restoration Act bill after a Senate committee voted 6-0 to approve SB 158. Like other RFRAs around the country, mirroring the law that similarly restricts the federal government, the measure would prohibit Kentucky’s state and local governments from placing a burden on religious exercise without a compelling interest, met using the least restrictive available means.

Amish Hate-Crime Defendants Try Novel Theory

Written by Don Byrd
After forcibly cutting the hair of fellow Old Order Amish in Ohio, a dozen or so defendants are charged with violating hate crimes laws. In response, the group argues that because the violent act was between members of the same faith and was essentially a religious squabble, the legislation can not apply without running afoul of First Amendment religious freedom rights.

President Obama’s Faith-Based Council Goes Quiet

Written by Don Byrd
Politico reports that the new slate of President Obama’s council of faith-based advisers has not yet met, more than a year after the original group produced its reports and disbanded. Some former members are suggesting that an active council may have helped the President avoid the missteps leading to the contraception coverage controversy that still roils much of Washington.

GA House Votes to put Ten Commandments in Public Schools

Written by Don Byrd
The Georgia State House last week approved a bill that would allow Ten Commandments postings in public schools as part of a historical documents display. Currently such displays are already allowed in judicial buildings; HB 766 would expand that to include all government buildings, including schools.