Scott Warren

Religious Freedom Restoration Act: AP story shows why this is a law liberals could love

Many of us may have heard of the Religious Freedom Restoration Act, which has been in effect since 1993 during the administration of President Bill Clinton. This was an era in which a broad coalition of liberals and conservatives often worked together on religious liberty issues.

Of course, RFRA has been vilified by liberals as a sop to conservatives, chiefly because it was used successfully in the 2014 U.S. Supreme Court “Hobby Lobby” case that allowed the crafts store chain to not provide birth control coverage for its employees. RFRA is frequently connected to religious liberty debates linked to LGBTQ issues, as well.

But now, many critics of RFRA are praising it after it was employed in the defense of Scott Warren, a Unitarian who was charged with harboring illegal aliens near a border crossing in the Arizona desert in January 2018. Our own Bobby Ross wrote about this case here and here.

A new Associated Press analysis describes why RFRA suddenly became important again:

Religious liberty is often a high priority for conservatives, but last week’s acquittal of an Arizona man prosecuted for aiding migrants along the U.S.-Mexico border is spotlighting the ability of religious freedom law to shield people of faith regardless of political ideology.

The case of Scott Warren, a college instructor and volunteer with a humanitarian group that helps migrants, gained nationwide notice as he challenged what he called the government’s “attempt to criminalize basic human kindness.”

Much of that attention focused on Warren’s acquittal on felony charges of harboring. But he was also acquitted Wednesday of a separate misdemeanor charge after his lawyers argued that his religious beliefs motivated him to leave water for migrants crossing through a desert wilderness area.

This was written by Elana Schor, the AP reporter for religion and politics who is part of AP’s new global religion reporting team, announced Sept. 5 that’s being paid for by a grant from the Lilly Endowment. (I broke the story about the grant here back in April 2018).

Warren’s acquittal this past week was a huge victory for the Religious Left.


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NPR sort of dives into a case involving immigration, religious freedom and a vague faith

Really, it’s a fascinating story — sort of.

I’m talking about an NPR piece out today with the compelling title of “Deep In The Desert, A Case Pits Immigration Crackdown Against Religious Freedom.”

Forgive my wishy-washiness, but the report has elements — such as its explanation of the 1993 Religious Freedom Restoration Act and how it works — that deserve praise. But at the same time, NPR fails to answer obvious, basic religion questions.

NPR’s opening sets the scene:

In January, Border Patrol agents walked up to a ramshackle old building on the outskirts of a small town in Arizona's Sonoran Desert. They found three men.

Two were Central Americans who had crossed the border illegally. The third was an American — a university lecturer and humanitarian activist named Scott Warren.

Warren was arrested and ultimately charged with two federal criminal counts of harboring illegal migrants and one count of conspiracy to harbor and transport them. Warren has pleaded not guilty.

Warren's arrest briefly flickered across the national news amid the partisan tug-of-war over the administration's immigration policy before fading into the background.

But his legal team's decision to stake out part of his defense on religious liberty grounds has made the case a clash between two of Attorney General Jeff Sessions' top priorities: cracking down on illegal immigration and defending religious liberty.

Keep reading, and NPR outlines cases that have cited RFRA — such as Hobby Lobby’s Supreme Court win in 2014 — and notes Attorney General Jeff Session’s stated support for religious liberty.

Then NPR quotes progressive legal sources, including a Columbia Law School professor and an American Civil Liberties Union official, who accuse the Trump administration of a bias toward conservative religious liberty causes.

That’s all perfectly reasonable material to include, although it would be interesting to ask conservative legal voices — such as the Alliance Defending Freedom — to weigh in. It would be interesting to see if they would side with Warren or the Trump administration in this specific case.

But my bigger question for NRP: What about the specific facts of the Arizona case in question? That’s where this report keeps things really vague.


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