Kern County

Podcast: Much to learn in ongoing cases with cannabis church and yet another Christian baker

Podcast: Much to learn in ongoing cases with cannabis church and yet another Christian baker

A cannabis church (It’s California) keeps fighting for freedom of worship.

Another Christian baker wins what may be a temporary (It’s California) First Amendment victory in her fight to stay in business, even though she declined to create a one-of-a-kind, artistic wedding cake for a same-sex couple.

What connects these two stories? That was the topic at the heart of this weeks “Crossover” podcast (CLICK HERE to tune that in), which was recorded this week while I was on grandfather duty. This post is a day late because I’ve been driving back to East Tennessee and it’s really hard to write in a car in cross winds on the High Plains.

The connecting link in the podcast is the Religious Freedom Restoration Act of 1993 — or RFRA for short. This was a crucial piece of liberal (in the old sense of the word) church-state law backed by a stunningly broad coalition of religious and legal groups during the Bill Clinton administration. Try to imagine: There were only three “nay” votes in the U.S. Senate. Would that happen now? Clearly, the answer is “nay.’

These days, many reporters act as if “RFRA” was some kind of dirty, four-letter term that cannot be spoken in elite newsrooms. If you want some additional info on this syndrome, click here (“Covering a so-called 'religious liberty' story? Dig into religious liberty history”) or here (“Religious Left returns to RFRA: Washington Post explores a crucial Florida abortion showdown”).

The key is that RFRA doesn’t guarantee a victory for citizens who claim that their First Amendment rights have been violated. RFRA states that people have a right to argue that case and that — following some guidelines that have developed over the years — courts have to take these arguments seriously.

So let’s start with this Religion News Service headline: “Shuttered cannabis church takes fight to reopen to California Supreme Court.” Here’s the overture:

A cannabis church in Southern California — which was shut down by the county of San Bernardino over accusations it was illegally functioning as a dispensary — is taking its fight to reopen to the state Supreme Court, arguing that it uses cannabis for religious healing.


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