Relying extensively on both the 10th Circuit and Supreme Court opinions in
Hobby Lobby, a Utah federal district court has held that the Religious Freedom Restoration Act allows Vernon Steed, a member of the FLDS Church, to refuse to testify in a Department of Labor administrative proceeding about the internal affairs and organization of the Church. In
Perez v. Paragon Contractors, Corp., (D UT, Sept. 11, 2014), the Department of Labor sought testimony from Steed as part of its investigation of possible child labor violations involving work by FLDS children at a Utah pecan ranch harvest. Steed however claimed he believes that the identity of FLDS Church leaders, the Church's organization and its internal affairs are sacred matters, designated by God, and that he has vowed not to discuss them. The court held:
It is not for the Court to “inquir[e] into the theological merit of the belief in question”. Hobby Lobby, 723 F.3d at 1137. “The determination of what is a ‘religious’ belief or practice is more often than not a difficult and delicate task .... However, the resolution of that question is not to turn upon a judicial perception of the particular belief or practice in question; religious beliefs need not be acceptable, logical, consistent, or comprehensible to others in order to merit First Amendment protection.” Thomas v. Review Bd. of Indiana Employment Security Div., 450 U.S. 707, 714 (1981)....
Petitioner has failed to show that forcing Mr. Steed to answer the questions offensive to his sincerely held religious beliefs is the least restrictive means to advance any compelling interest it may have. For example, as a less restrictive alternative, Petitioner can continue with its efforts to obtain needed information from Paragon Contractors Corporation, Brian Jessop, Dale Barlow and others who contracted to manage the pecan ranch. See Hobby Lobby, 134 S.Ct. at *2780....
UPDATE: It should be noted that the body of the opinion refers to the objecting FLDS member as "Vernon Steed", while the caption labeling the motion being ruled upon refers to him as "Vergel Steed."
