Passing the Religious Freedom Restoration Act

From Jason Hall

In my last piece for Catholic Stand, I discussed the effort in Kentucky to adopt a state-level Religious Freedom Restoration Act, and the surprisingly vocal opposition that effort inspired. Though Governor Steve Beshear did veto the bill, the General Assembly ultimately overrode the veto. I believe there are several useful lessons to be learned from our experience that might benefit those defending religious liberty at the national level and in other states.

Be prepared for scare tactics related to civil rights. The primary argument used by the opposition, and the one that generated the most sympathy, was that protection of religious liberty will override civil rights laws. This has never been the case, and those who have honestly explored the issue will admit that. Anti-discrimination laws covering housing, employment, and other such basic necessities have always prevailed over religious liberty interests. But, the opposition needs to make a sympathetic case, and scaring people about the imminent end of civil rights protection seems to be the best they can do.

Know the opposition and their goals. As I discussed in my previous article, groups like the American Civil Liberties Union used to support straightforward statutory protections for religious liberty. In recent years, however, their position has changed. Homosexual activist groups have convinced many that their cause is the contemporary equivalent of the civil rights movement and to oppose them is to be like segregationists in the 1960’s.

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