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First Liberty Briefing

First Liberty Briefing is an exclusive podcast hosted by First Liberty Institute’s Senior Counsel Jeremy Dys. In about 90-seconds, three times a week, Jeremy recalls the stories that have shaped America’s religious liberty, from the founding era to current legal battles and more. It’s an insider’s look at the stories, cases, people, and laws that have made America the world’s leader in protecting religious liberty.
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Sep 28, 2018

Does the Religious Freedom Restoration Act (RFRA) protect religious acts of protests outside of the Supreme Court? Learn how a U.S. District Court decided the case at FirstLiberty.org/Briefing.


Sometimes the substantial burden on a person’s religious exercise comes literally to the steps of the Supreme Court.

The U.S. District Court for the District of Columbia recently dismissed a lawsuit alleging that preventing anti-war activists from demonstrating outside the Supreme Court violated the Religious Freedom Restoration Act. 

The activists noted in their complaint that as a “post-denominational Christian” and “Unity Christian,” their religious beliefs compel protests against war.  They insist on living out their spirituality through prayer vigils and peace walks, sometimes on the Supreme Court’s steps. 

Interestingly, the court never questioned the sincerity of their beliefs, no matter how odd they seem.  Nevertheless, the court determined that RFRA did not protect their religious acts of protest.  Why? Because the rule restricts “only one of a multitude of means by which Plaintiffs could engage in their religiously motivated activity.”  According to their own words, the steps of the Supreme Court are not the onlyplace in which to exercise their beliefs; it’s just one ofthe places they exercise their beliefs.  So, while the rules might burden their religious exercise, it’s not a substantialburden since there are many avenues left open to their religious exercise. 

RFRA provides broad protection to those who seek to exercise their religion, even when they attempt to do so in public.This case reminds us that RFRA correctly balances that right against the legitimate needs of government to govern. 

To learn how First Liberty is protecting religious liberty for all Americans, visit FirstLiberty.org.

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