Questioning the Impact of State RFRA Laws

Written by Don Byrd
Advocacy groups are pressuring Kentucky Governor Steve Beshear to veto a recently passed religious freedom bill. House Bill 279 is essentially a state version of the federal Religious Freedom Restoration Act, which requires the state to demonstrate a compelling government interest to maintain a substantial burden on religious exercise. A dozen or so other states have similar provisions.

In a column this morning for the Lexington Herald-Leader, religion reporter Peter Smith notes research that suggests these laws have probably not been as helpful as its proponents argue, nor as troublesome as its detractors warn.

Ohio School Moves Controversial Jesus Portrait

Written by Don Byrd
A quick update of a story I have been following here at the blog (earlier post here). A portrait depicting Christ hanging in the hall of a Jackson, Ohio middle school and the subject of a church-state lawsuit, has been moved to the high school. The School District’s primary defense is an argument that the portrait is owned by a student club, and therefore not government speech. The only problem? No members of that club are in the middle school where the portrait hangs.

Brief Makes Religious Liberty Argument Against Louisiana Vouchers

Written by Don Byrd
Religious liberty advocates are joining the dispute over school vouchers in Louisiana. The program was ruled an unconstitutional diversion of funds away from the public school system back in December. In a friend of the court brief filed Friday, organizations including the Interfaith Alliance urged the state’s appeals court to affirm the trial court’s ruling, and gave them an additional reason: the program improperly funds religious exercise.

Former BJC Counsel Melissa Rogers Named Director of White House Faith-Based Office

Written by Don Byrd
Exciting news today! Former Baptist Joint Committee General Counsel Melissa Rogers, who has chaired President Obama’s council of faith-based leaders, has been named the new head of the White House Office of Faith-Based and Neighborhood Partnerships, following Joshua Dubois stepping aside after spending the first term on the job.

The BJC released a statement today on the announcement. An excerpt is below.

3rd Circuit: Elementary Student Has Free Speech Right to Distribute Religious Flier

Written by Don Byrd
When a fifth-grader in Pocono Mountain, California tried to distribute fliers to classmates inviting them to a Christmas party at her church, the school superintendent denied the request, citing a policy that gave him authority to decline to send home non-school events or organizations. Her parents filed suit claiming a violation of First Amendment rights.

Today, the 3rd Circuit affirmed the trial court’s holding (pdf) that the student may not be barred from distributing material so long as there is no “specific and significant fear of disruption.”