Religious Liberty Commission Holds Hearing on Religious Liberty in Education

The Religious Liberty Commission yesterday held a four-hour hearing on Religious Liberty in Education. (Video of full hearing.) The hearing included a tribute to Charlie Kirk, and panels on Teacher and Coach Perspectives; Protecting the Religious Identity and Autonomy of Faith-Based Schools; and Faith-Based Schools and the State. The Lion reports on the testimony of various witnesses before the Commission.

President Sends Rosh Hashanah Greetings

Rosh Hashanah-- the Jewish New Year-- begins at sundown this evening. The White House today posted a Presidential Message on Rosh Hashanah. In it, President Trump said in part: 

As the Jewish community gathers for this special time of spiritual renewal, my Administration recommits to upholding religious liberty and ending faith-based persecution—including the scourge of anti-Semitism.  Above all, we pledge to build a future of peace—and to recognize the dignity imprinted on every human soul.

USCIRF Issues Policy Update on Mass Atrocities Targeting Religious Communities

The U.S. Commission on International Religious Freedom this month released a Policy Update titled Preventing Mass Atrocities Targeting Religious Communities. The Policy Update says in part:

This policy update explores the relationship between mass atrocities and religious freedom. Mass atrocities are preceded by a range of early warning signs, such as religious freedom violations. When religious freedom is systematically denied or religious identities targeted, the risk of atrocity crimes may increase. This policy update sheds light on the link between atrocity risk and religious freedom violations by cross-referencing the top 30 countries most at risk of mass atrocities with USCIRF’s 2025 Annual Report recommendations. 

This policy update also details relevant legislative requirements passed by the U.S. government to improve its capacity to detect, prevent, and respond to genocide and atrocities globally. It emphasizes the need to continue to prioritize atrocity prevention and response, with a focus on promoting international religious freedom as a tool to prevent atrocities targeting religious communities pursuant to USCIRF’s mandate.

Wild Hunt discusses USCIRF's Policy Update.

Religious Liberty Commission Hearing Features Remarks by President Trump

Yesterday, the Religious Liberty Commission that was created in May by an Executive Order of Donald Trump held its second hearing (Video of full hearing). The hearing was held at The Museum of the Bible. President Trump was a featured speaker (video of Trump's remarks) (transcript of Trump's remarks). His wide-ranging speech began with the President saying, in part:

... America was founded on faith, as we know and I've been saying it for a long time. And when faith gets weaker, our country seems to get weaker. When faith gets stronger, as it is right now, we're having a very good period of time after some rough years, good things happen for our country. It's amazing the way it seems to work that way. And under the Trump administration, we're defending our rights and restoring our identity as a nation under God. We are one nation under God, and we always will be....

... I'm pleased to announce this morning that the Department of Education will soon issue new guidance protecting the right to prayer in our public schools and its total protection....

During his remarks, the President invited Housing and Urban Development Secretary Scott Turner to speak about developments. Turner said in part:

How many know we have a godly, faithful cabinet? And a cabinet that prioritizes prayer. On July 3rd, Mr. President, of this year, you kicked off the year-long celebration of America's 250th birthday in Iowa. You invited America's faith communities to come together to pray for our country. Well, Mr. President, America's faith communities are responding with overwhelming enthusiasm.... Today, more than 70 major faith organizations and churches have joined together to participate in what we're calling America Prays....

... What if 1 million people prayed for our country every single week between now and next July 4th? ... What if believers all across this great nation got together with 10 people, friends, family members, colleagues, work associates, ten people each week to pray for our country and for our fellow citizens.... Think about the transformation that you and I could witness in communities all across the land. Sons returning to their fathers. Daughters returning to their mothers. Families coming back together. Health being restored. Financial needs being met. Mountains being moved.... We're a nation that has always believed in the power of prayer....

... Lord, not just Democrat, not just Republican, but all American people will come together under the banner of Yahweh of God Almighty. And Lord God, we praise you. And we thank you. And we love you. In Jesus name, Amen. [Audience members respond "Amen"]

The White House posted a press release summarizing the main points of Trump's speech. USA Today reports on the hearing. The White House yesterday also issued a press release titled "President Trump’s Top 100 Victories for People of Faith."

EEOC Highlights Its Actions to Protect Employees' Religious Freedom

The EEOC yesterday issued a lengthy press release titled 200 Days of EEOC Action to Protect Religious Freedom at Work. The Release says in part:

To date, the EEOC has recovered over $55 million for workers impacted by these [vaccine] mandates—most recently, this week’s $1 million settlement with Mercyhealth. During the Biden Administration, almost all of the agency’s important work enforcing Title VII in the wake of COVID-19 vaccine mandates happened both silently and too slowly. No longer. Under the Trump Administration, the EEOC is taking bold and aggressive steps to remedy the widespread civil rights harms during the pandemic—the first public fruits of which are reflected below....

It also highlighted initiatives involving religious accommodation for employees, antisemitism in colleges, protection of federal employees' religious rights and the Task Force to Eradicate Anti-Christian Bias.

5th Circuit Allows San Antonio Park Development To Move Ahead Over Religious Objections of Lipan-Apache

In Perez v. City of San Antonio, (5th Cir., Aug. 13, 2025), the U.S. 5th Circuit Court of Appeals in a 2-1 decision affirmed a trial court's refusal to enjoin San Antonio's development plan for a city park.  Plaintiffs are members of the Lipan-Apache Native American Church. Certain of their religious ceremonies can take place only at a particular river bend in the park and require the presence of cormorants in the trees there. The development plans involve removing and relocation of trees and modifying bird habitats to deter birds from nesting in highly urbanized areas of the park. Plaintiffs claim that removal of trees and the bird deterrence program violate their religious freedom protected by the 1st Amendment, the Texas Religious Freedom Restoration Act, and the Texas Constitution.  In a prior opinion, the 5th Circuit certified to the Texas Supreme Court a question on the meaning of a 2021 amendment to the Texas Constitution that prohibits the government from interfering with religious services. In response, the Texas Supreme Court said that the constitutional provision does not extend to governmental actions for the preservation and management of public lands.

In this week's decision, the majority, refusing to grant an injunction pending further appeal, held that the project did not violate the Texas Religious Freedom Restoration Act, saying in part:

... [T]he City’s development plan only indirectly impacts Appellants’ religious conduct and expression. Appellants continue to have virtually unlimited access to the Park for religious and cultural purposes. The record shows that, regardless of the rookery management program, no cormorants, due to their migration patterns, inhabit the area for extended periods of time each year....

Appellants did not meet their burden to show that they are likely to succeed on their claim that the plan constitutes a substantial burden of their religious exercise. Even if they did, that would not change the outcome of this appeal because the City’s plan advances a compelling interest through the least restrictive means—and thus survives strict scrutiny.

The majority also held that the city's program did not violate the 1st Amendment, saying in part:

The parties’ dispute under the Free Exercise Clause centers on which standard of constitutional review applies to the instant case, rational basis or strict scrutiny. Appellants argue that the City’s plans for tree removal and rookery management measures are not neutral and generally applicable and, therefore, must be analyzed under the more exacting strict scrutiny standard. The City contends that its planned Park improvements are neutral and generally applicable and that the more deferential rational basis standard of review applies. Assuming strict scrutiny applies, we conclude that the challenged government action in this case withstands Appellants’ Free Exercise challenge, as illustrated infra in the TRFRA claim analysis.

Judge Higginson dissented in part, saying in part:

Despite my respect for the majority’s analysis, I continue to think that Appellants’ religious exercise is substantially burdened and that the City of San Antonio ... failed to accommodate Appellants’ religious beliefs in the least restrictive manner.  I would therefore hold that the Texas Religious Freedom Restoration Act (“TRFRA”) requires the City to accommodate Appellants’ religious beliefs across two “items of relief” requested in the complaint: the City’s tree-removal (“Item 2”) and anti-nesting (“Item 3”) measures....

Appellants’ testimony shows that services at the riverbend would be “meaningless” without the trees or the cormorants, and that disruption to either will “unravel” the land’s spiritual ecology—a sine qua non for Church members’ religious exercise.  Just as importantly, Appellants’ testimony confirms that these services cannot “be performed anywhere else.”...

To the extent the majority suggests that Appellants can obtain  spiritual fulfilment by exercising their religious beliefs in a manner contrary to their testimony, such reasoning is forbidden.

2025 Report on Religious Liberty Protections by Each State Is Released

Yesterday, First Liberty Institute released its report Religious Liberty in the States 2025 (full text) (Report website). According to the 16-page report:

Now in its fourth annual edition, RLS considers forty-seven distinct legal protections that states have adopted to protect religious liberty. These legal protections, which we refer to as “items,” are aggregated into twenty “safeguards,” which we average to produce one index score per state. The index allows us to rank states and to track changes in religious liberty protections over time.... Source data, including hyperlinked citations to state statutes, are published online at religiouslibertyinthestates.com.... 

Florida is an exemplar for how state legislators can improve their state’s protection of religious liberty. When we began the project, Florida protected a respectable 58 percent of the eleven safeguards we considered in 2022 and was ranked sixth in the nation. Today, it protects 75 percent of the twenty safeguards we consider and ranks first. Most of its improvement derived from legislation strengthening its medical conscience protections in 2023 and legislation protecting houses of worship from discriminatory treatment during pandemics and other emergencies in 2022....

Religious Liberty Commission Holds First Hearing

On June 16, the new Justice Department Religious Liberty Commission held it first hearing at the Museum of the Bible in Washington, DC. Video of the full hearing is available in three parts on YouTube: Part 1, Part 2, Part 3.  OSV News reports on some of the testimony. A critical slant on the hearing was published by Americans United.

Members of Religious Liberty Commission Advisory Boards Named

As previously reported, earlier this month President Trump issued an Executive Order creating a Religious Liberty Commission.  Members of the Commission were also named at that time. Now (May 16), the White House has announced names of members of three Advisory Boards to the Commission: an Advisory Board of Religious Leaders, an Advisory Board of Legal Experts, and an Advisory Board of Lay Leaders. The Board of Religious Leaders and the Board of Legal Experts each includes Catholic, Protestant and Jewish representation. The Board of Lay Leaders includes Protestant and Muslim representation.

Forest Service Is Enjoined from Transferring Apache's Sacred Land While Cert. Petition Is Pending

As previously reported, in September 2024 a petition for certiorari was filed this week with the U.S. Supreme Court in Apache Stronghold v. United States. In the case, the U.S. 9th Circuit Court of Appeals sitting en banc, by a vote of 6-5, refused to enjoin the government from transferring to a copper mining company federally-owned forest land that is of significant spiritual value to the Western Apache Indians. The Supreme Court has not yet acted on the petition.  In April 2025, the Forest Service published a notice regarding publication of its final environmental impact statement which would have the effect of authorizing moving ahead with the land transfer as soon as June 16, 2025. In Apache Stronghold v. United States, (D AZ, May 9, 2025), an Arizona federal district court granted an injunction barring the government from transferring the land until the Supreme Court either denies review or decides the appeal. Explaining its decision, the court said in part:

... [E]nough has changed to suggest that the Supreme Court, should it grant certiorari—and there is good reason to anticipate that it will grant certiorari, given the fact that the case has been relisted thirteen times for consideration ...—could change the existing precedent in a way that would necessarily change the outcome of this case....

Both sides’ positions hold water, but the Court is more persuaded by Plaintiff’s emphasis on the fundamental freedoms at stake in this case. After all, “[r]eligious liberty and the concept of free exercise are grounded in the bedrock of our founding and the structure of our system of government.”... However, the Court’s determination regarding the balance of equities need not rest on such considerations alone. Plaintiff also enumerates various harms it will suffer if the land transfer occurs during the pendency of this appeal, which affect both the balance of equities and the likelihood that it will suffer irreparable harm without an injunction....

After the transfer is completed, Plaintiff argues that the Court may lose the equitable authority to rescind the transfer later once Resolution Copper takes certain irreversible actions.... Furthermore, Plaintiff posits that if the Supreme Court were to reverse and remand this case after the land exchange occurs, Defendants could then argue that the initial preliminary injunction request—which sought to prevent that transfer from occurring—is rendered moot, and Plaintiff would have to move for a new PI seeking a mandatory, rather than prohibitory, injunction.

Reuters reports on the decision.

President Trump Issues Executive Order Creating a Religious Liberty Commission

Yesterday, President Trump issued an Executive Order (full text) establishing a Religious Liberty Commission. According to the Executive Order:

The Commission shall advise the White House Faith Office and the Domestic Policy Council on religious liberty policies of the United States.  Specific activities of the Commission shall include, to the extent permitted by law, recommending steps to secure domestic religious liberty by executive or legislative actions as well as identifying opportunities for the White House Faith Office to partner with the Ambassador at Large for International Religious Freedom to further the cause of religious liberty around the world.

The Executive Order also calls for the President to appoint 3 Advisory Boards to advise members of the Commission-- an advisory board of religious leaders, an advisory board of lay leaders, and an advisory board of legal experts. The White House also issued a Fact Sheet (full text) summarizing the Commission's role, saying in part:

The Commission is tasked with producing a comprehensive report on the foundations of religious liberty in America, strategies to increase awareness of and celebrate America’s peaceful religious pluralism, current threats to religious liberty, and strategies to preserve and enhance protections for future generations.

Key focus areas include parental rights in religious education, school choice, conscience protections, attacks on houses of worship, free speech for religious entities, and institutional autonomy....

The Executive Order was signed at a White House National Day of Prayer Event (video of event).

Chairman of the Commission is Texas Lieutenant Governor Dan Patrick. Vice-Chair is Dr Ben Carson.  Other members of the Commission as announced in a press release by Lt. Gov. Patrick are:  Ryan Anderson, Bishop Robert Barron, Carrie Boller, Cardinal Timothy Dolan (Archbishop of New York), Rev. Franklin Graham, Allyson Ho, Dr. Phil McGraw, Eric Metaxas, Kelly Shackelford, Rabbi Meir Soloveichik and Pastor Paula White. In addition, Attorney General Pam Bondi, Scott Turner (Secretary of Housing and Urban Development), and Vince Haley (Assistant to the President for Domestic Policy) are ex officio members of the Commission.

Catholic News Agency reports on the creation of the Commission.

UPDATE: President Trump also issued a National Day of Prayer Proclamation, declaring May 1 as a National Day of Prayer.

Wyoming Enacts State RFRA

Last week, Wyoming Governor Mark Gordon signed HB 0207, the Wyoming Religious Freedom Restoration Act (full text). The Act requires strict scrutiny of state action that substantially burden's a person's right to the exercise of religion. Wyoming is the 29th state to enact a similar statute. Catholic World Report covers these developments.

Trump Establishes White House Faith Office

Last Friday, President Trump issued an Executive Order (full text) establishing the White House Faith Office. The White House also issued a Fact Sheet summarizing the President's Executive Order and related initiatives.  The Executive Order comes less than three weeks after President Trump as part of an earlier Executive Order (full text) titled Initial Rescissions of Harmful Executive Orders and Actions revoked President Biden's Executive Order (full text) that created a White House Office of Faith-Based and Neighborhood Partnerships. President Trump's new Executive Order reads in part:

The executive branch wants faith-based entities, community organizations, and houses of worship, to the fullest extent permitted by law, to compete on a level playing field for grants, contracts, programs, and other Federal funding opportunities.  The efforts of faith-based entities, community organizations, and houses of worship are essential to strengthening families and revitalizing communities, and the Federal Government welcomes opportunities to partner with such organizations through innovative, measurable, and outcome-driven initiatives.

The executive branch is committed to ensuring that all executive departments and agencies ... honor and enforce the Constitution’s guarantee of religious liberty and to ending any form of religious discrimination by the Federal Government.

The President also announced the following appointments to the White House Faith Office:  Pastor Paula White-Cain as a Special Government Employee and Senior Advisor to the Office; Jennifer S. Korn as a Deputy Assistant to the President and Faith Director of the Office; and Jackson Lane as Special Assistant to the President and Deputy Director of Faith Engagement.

The Hill reports on the President's action. Wikipedia traces the history of similar offices in successive Administrations since that of George W. Bush. [Thanks to Scott Mange for the lead.]

2 Reports Survey the State of Religious Liberty in the U.S. in 2024

Two broad reviews of the state of religious liberty in the United States were released yesterday. Becket Fund for Religious Liberty released the 6th edition of its Religious Freedom Index: American Perspectives on the First Amendment (full text). The 119-page report is based on an online poll of a nationally representative sample of 1000 American adults conducted by an independent research company. The report says in part:

The survey consists of 21 annually repeating questions that cover a broad range of topics, from the rights of religious people to practice their respective faiths to the role of government in protecting religious beliefs. The responses to these questions are broken down into six dimensions: 1) Religious Pluralism, 2) Religion and Policy, 3) Religious Sharing, 4) Religion in Society, 5) Church and State, and 6) Religion in Action....

 Across multiple questions in our Index, one message rings loud and clear: Americans deeply value their First Amendment freedoms, even in the face of tough, controversial issues....

We are pleased to report that political division did not seem to negatively impact Americans’ convictions about the importance of religion and religious liberty....  Americans also report being more accepting of people of faith and more appreciative of their contributions than ever before. Encouragingly, both people of faith as a whole and non-Christian people of faith reported feeling more accepted in society than in 2023.

The U.S. Conference of Catholic Bishops yesterday released its 2025 annual report on The State of Religious Liberty in the United States (full text) (Executive Summary). The 83-page Report, which reviews developments at the national level in 2024 in Congress, the Courts and the Executive Branch, says in part:

... [B]ecause control of the two chambers of Congress was divided, most bills that threatened religious liberty—that is to say, immunity from coercion in religious matters—did not move forward. Legislation aiming to increase access to in vitro fertilization (IVF) was introduced in 2024. The most significant threats to religious liberty at the federal level came in the form of finalized regulations by federal agencies, such as the Section 1557 rule, which implements the nondiscrimination provision of the Affordable Care Act (ACA). These rules heavily focused on imposing requirements regarding abortion, sexual orientation, and gender identity....

The five areas of critical concern—threats and opportunities—for religious liberty are:

• The targeting of faith-based immigration service

• The persistence of elevated levels of antisemitic incidents 

• IVF mandates, which represent a significant threat to religious freedom, while the national discussion of IVF represents an opportunity for Catholics to share Church teaching and advocate for human dignity

• The scaling back of gender ideology in law

•  Parental choice in education, one of the longest-running areas of concern for American Catholics

Today Is Religious Freedom Day

President Biden has issued a Proclamation (full text) declaring today as Religious Freedom Day, the anniversary of the adoption by Virginia in 1786 of the Statute of Religious Freedom. The President's Proclamation reads in part:

We are all blessed to live in a Nation that is home to people of many faiths.  However, even in our land of liberty, too many people are afraid that practicing their faith will bring fear, violence, and intimidation.  Over the past year, we have seen a shocking rise in antisemitism in the wake of Hamas’s terrorist attack against Israel and a disturbing rise in Islamophobia.  Hate has no safe harbor here in America.  And around the world, minority communities continue to live in fear of violence and are denied equal protections under the law, including Christians in some countries.

My Administration is committed to ensuring that people of every faith and belief can live out their deepest conviction freely, peacefully, and safely....

Today, we recognize how religious freedom is at the core of who we are as a Nation. It is central to the freedom we offer all Americans. And it is threaded throughout all our work to advance human freedom and dignity in the world.

Secretary of State Anthony Blinken also issued a Statement (full text) marking the occasion, saying in part:

The United States’s dedication to the freedom of religion or belief continues uninterrupted.  Over the past four years, the United States has worked tirelessly to secure this right for everyone around the world.  These efforts include: documenting religious freedom conditions in every country....; declaring the actions of members of the Burmese military against Rohingya to be genocide and crimes against humanity; expanding to over 40 countries the International Freedom of Religion or Belief Alliance....

The United States has also expanded diplomatic efforts to advance freedom of religion or belief through the UN, the Article 18 Alliance, the International Contact Group, and in close coordination with partner countries.  These efforts helped secure the release of religious prisoners of conscience in Nicaragua, the People’s Republic of China, Nigeria, Iran, Somalia, Vietnam, and elsewhere around the world.

Texas Supreme Court Hears Arguments on Interpretation of "Religious Service Protections" Constitutional Amendment

Last Wednesday, The Texas Supreme Court heard oral arguments (video of full oral arguments) in Perez v. City of San Antonio. The court is being asked to respond to a certified question from the U.S. 5th Circuit Court of Appeals in a case in which members of the Lipan Apache Native American Church claim that improvements to a park that include tree removal and rookery management destroy their ability to use a sacred site in the park for certain religious ceremonies. The certified question involves interpretation of a provision in the Texas state Constitution that was adopted in response to restrictions imposed during the Covid pandemic.  The constitutional provision prohibits the state and localities from placing limits on religious services, without specifying whether the ban applies even in cases of a compelling governmental interest in doing so. (See prior posting.) The certified question reads:

Does the “Religious Service Protections” provision of the Constitution of the State of Texas—as expressed in Article 1, Section 6-a—impose a categorical bar on any limitation of any religious service, regardless of the sort of limitation and the government’s interest in that limitation?

The Texas Supreme Court has links to pleadings and briefs (including amicus briefs) filed in the case. Oral argument for appellants was presented by a faculty member from the University of Texas College of Law, Law and Religion Clinic. Religion News Service reports on the oral arguments.

5th Circuit Reopens Lipan-Apache's Suit Objecting to Park Modifications

 In 2021, Texas voters approved an amendment to the state constitution that provides:

This state or a political subdivision of this state may not enact, adopt, or issue a statute, order, proclamation, decision, or rule that prohibits or limits religious services, including religious services conducted in churches, congregations, and places of worship, in this state by a religious organization established to support and serve the propagation of a sincerely held religious belief.

The amendment was a response to orders during the Covid pandemic that limited the size of gatherings for religious services. (Background.)

In Perez v. City of San Antonio, (5th Cir., Aug. 28, 2024), the U.S. 5th Circuit Court of Appeals certified to the Texas Supreme Court the question of whether this ban is an absolute one, or whether the amendment merely imposes a strict scrutiny requirement on any limitation. The issue arises in a suit by members of the Lipan-Apache Native American Church who claim that improvements to a park that include tree removal and rookery management destroy their ability to use a sacred site in the park for certain religious ceremonies. In a prior decision, the 5th Circuit rejected plaintiffs' claim under the Texas Religious Freedom Restoration Act. It then held that plaintiffs had not adequately briefed the question of whether the Religious Services Amendment to the constitution covers a compelled preservation of spiritual ecology. (See prior posting.) Plaintiffs filed a motion for a rehearing, and in this week's decision the panel withdrew its original opinion and certified the question of the meaning of the Religious Services Amendment to the Texas Supreme Court, saying in part:

Neither party has cited any cases interpreting this constitutional provision, nor has this court found any. This potentially outcome determinative issue raises novel and sensitive questions....

5th Circuit Denies Further Relief to Native American Church Objecting to Park Modifications

As previously reported, last year a Texas federal district court held that members of the Lipam-Apache Native American Church should be given access for religious services to a point on the San Antonio River which is a Sacred Site for them.  The court refused to grant plaintiffs' request that the proposed improvements to the park in which the Sacred Site is located be limited so that the spiritual ecology of the Sacred Area would be preserved by minimizing tree removal and allowing cormorants to nest. Plaintiffs appealed the injunction denials.  In Perez v. City of San Antonio, (5th Cir., April 11, 2024), the U.S. 5th Circuit Court of Appeals affirmed the district court. Rejecting appellants' claim under the Texas Religious Freedom Restoration Act, the court said in part:

In analyzing Appellants’ contention that the destruction of the tree canopies, where cormorants nest, and the driving away of the cormorants themselves will burden their religions, we consider whether the presupposed burden is real and significant....

Appellants continue to have virtually unlimited access to the Park for religious and cultural purposes. Appellants’ reverence of the cormorants as sacred genesis creatures from the Sacred Area is not implicated here because the City’s rookery management program does not directly dictate or regulate the cormorants’ nesting habits, migration, or Park visitation. For example, the record shows that, regardless of the rookery management program, no cormorants, due to their migration patterns, inhabit the area for extended periods of time each year. Moreover, the City’s rookery management program does not substantially burden Appellants’ religious beliefs because cormorants can still nest elsewhere in the 343-acre Park or nearby. The deterrent activities are deployed only within the two-acre Project Area and only to persuade the birds to nest elsewhere....

The record indicates that various areas of the Park “become nearly unusable for 10 months of the year due to the bird density/habitat.”...

 [T]he City’s tree removal plan is narrowly tailored to achieve the City’s compelling governmental interest of making the Project Area safe for visitors to the Park....

Appellants assert that the City’s plan violates the religious-service protections provision of the Texas Constitution....

Even accepting that the “relatively new provision bars any government action that prohibits or limits religious services,” Appellants do not sufficiently brief the question of whether a compelled “preservation of spiritual ecology” was envisioned in the statute’s definition of a “religious service” protected from state sanctioned prohibitions or limitations.

Judge Higginson dissented in part, contending that the city should have done more to accommodate plaintiffs as to tree removal and anti-nesting matters.

Iowa Enacts Religious Freedom Restoration Act

Yesterday Iowa Governor Kim Reynolds signed SF 2095, the Religious Freedom Restoration Act. (Governor's press release.) (Full text of Act.) It provides in part:

State action shall not substantially burden a person's exercise of religion, even if the burden results from a rule of general applicability, unless the government demonstrates that applying the burden to that person's exercise of religion is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.

The Gazette reports on the bill.

Utah Legislature Passses Religious Freedom Bill

The Utah legislature yesterday gave final passage to S.B. 150: Exercise of Religion Amendments (full text). The bill is similar, though not identical to, Religious Freedom Restoration Acts passed in 35 other states. It prohibits governmental imposition of a substantial burden on the free exercise of religion unless the government demonstrates a compelling interest and uses the least restrictive means to further that interest. In a compromise with LGBTQ advocates, the sponsor of the bill added language in the introductory "Whereas" clauses to preserve existing protections against discrimination in employment and housing based on sexual orientation or gender identity. (Background). Those clauses read:

(d) WHEREAS, Utah has enacted a number of laws that balance religious freedom with other important civil rights; and

(e) WHEREAS, this part complements, rather than disrupts, the balance described in Subsection (1)(d).

The bill now goes to Governor Spencer Cox for his signature. States Newsroom reports on passage of the bill.