August 27, 2014

JOHN HINDERAKER: Across the Country, the Federal Government Fights For Muslim Worship Spaces. “If an administration could be shown to consistently favor one religion over others, would that constitute a violation of the First Amendment? Of course. But, as with so many other Obama administration scandals, long before the judicial system could even begin to address the issue on its merits, the malefactors will be long gone.”

UPDATE: Reader Eric Rassbach from the Becket Fund says this is wrong:

I hold no brief for the federal government – the Becket Fund is the firm that beat DOJ at the Supreme Court in the Hobby Lobby case last Term and in the Hosanna-Tabor case two years before that. And we have a number of other religious liberty lawsuits pending against DOJ right now, including the Little Sisters of the Poor and Wheaton College cases.

So I am not writing because I think DOJ does a good job protecting religious freedom—far from it. But RLUIPA land use litigation is one area where DOJ gets it largely right. If you look at this somewhat incomplete list, you will see that DOJ has a pretty good cross-section of religious land use cases, including Jewish, Christian, and Muslim houses of worship:

http://www.justice.gov/crt/about/hce/caselist.php#rluipa

DOJ has taken the side of rabbinical schools in Rockland County, NY, and Baptist churches in Arizona, among many others. So it is inaccurate to characterize DOJ’s RLUIPA work as focusing only or primarily on Muslims, as your posts do. And since this is one area of religious liberty law where DOJ gets it mostly right, I don’t think you will advance the religious liberty of any group – Christians, Jews, Muslims, or non-believers – by painting an inaccurate picture of how RLUIPA works, or how it has been enforced. In fact you are more likely to increase your readers’ opposition to religious liberty statutes like RLUIPA that are good for our country, not least because they restrict government power.

I stand corrected.