Miss. U.S. Senator to Trump: Protect religious freedom
A Republican U.S. senator from Mississippi and the attorney fighting the state's law targeting the gay community are making the same argument on religious freedom, though for vastly different reasons.
Sen. Roger Wicker has signed a letter with 17 of his colleagues asking President Donald Trump to respect religious freedom.
"We cannot be a country that financially punishes individuals for practicing their sincerely held religious beliefs or decides which practices are a valid part of a particular religious tradition and worthy of protection," the letter Wicker signed reads.
Robbie Kaplan, the attorney for plaintiffs against Mississippi's HB 1523, completely agrees with that statement. In fact, it was her main argument Monday before a three-judge panel of the 5th U.S. Circuit Court of Appeals in Lubbock, Texas.
"The core principle that animates both religion clauses — free exercise and the establishment clause — is the principal of neutrality, and when it comes to religious issues, the government has to be neutral and cannot put its weight down on one side of the debate," Kaplan told The Clarion-Ledger on Tuesday. "The core of our argument yesterday before the circuit court was that 1523 was flatly and obviously unconstitutional because it so clearly violates that principal by establishing three official or preferred religious beliefs in the state of Mississippi."
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HB 1523, formally the Protecting Freedom of Conscience from Government Discrimination Act, signed into law a year ago Wednesday, never went into effect. U.S. District Judge Carlton Reeves declared it unconstitutional. The state appealed the ruling to the 5th Circuit Court.
HB 1523 includes protections for three religious beliefs: Marriage should be recognized as a union between one man and one woman; sexual relations are reserved for those marriages; and a person's gender refers to his or her biological sex assigned at birth.
The letter to Trump, like HB 1523, was motivated by anti-same-sex marriage sentiment. "The threat of loss of accreditation or charitable tax status lingers in the wake of the United States Solicitor General’s comments upon the Supreme Court's 2015 ruling in Obergefell v. Hodges that the loss of charitable tax status was, 'certainly going to be an issue,'" the letter reads.
Obergefell v. Hodges is the case in which the U.S. Supreme Court struck down all same-sex marriage bans across the country.
Kaplan argued that Mississippi's new law sends a message that anyone who does not share these beliefs is a religious outsider in the state of Mississippi.
Kevin Theriot, one of the Alliance Defending Freedom attorneys representing Mississippi, disagrees, saying the law does not harm anyone. ADF has been instrumental in drafting and promoting this kind of legislation across the country.
"It protects organizations and religious entities where a local government like, for instance, Jackson might attempt to force them to treat women as men if they are identifying as a man that day or a man as a woman … whether that be access to locker rooms changing rooms or showers," Theriot told The Clarion-Ledger following arguments Monday.
RELATED: Religious liberty or anti-gay? Appeals court will decide
Whereas the bill's proponents attempt to label the bill as narrow, and say it could not result in a gay couple being asked to leave a restaurant, for example, section eight of the law suggests otherwise.
"This act shall be construed in favor of a broad protection of free exercise of religious beliefs and moral convictions, to the maximum extent permitted by the state and federal constitutions," the law reads.
The broadness of HB 1523 is one reason it's problematic, opponents argue.
The letter to Trump alludes to a possible executive order "that would require the agencies of the federal government to respect religious freedom throughout their activities." This action is "necessary" the letter states.
Others who signed the letter to Trump include: Sens. Roy Blunt, R-Mo., James Lankford, R-Okla., Steve Daines, R-Mont.; Mike Lee, R-Utah; Ted Cruz, R-Texas; Ben Sasse, R-Neb.; Mike Enzi, R-Wyo.; James Inhofe, R-Okla; Tim Scott, R-S.C.; John Kennedy, R-La.; Luther Strange, R-Ala.; Bill Cassidy, R-La.; Rand Paul, R-Ky.; Jim Risch, R-Idaho; Dan Sullivan, R-Alaska; and Marco Rubio, R-Fla.
The full letter reads:
Dear Mr. President:
The free exercise of religion — the fundamental human right guaranteed to Americans to practice any faith or to choose no faith at all — is enshrined as the first freedom in the First Amendment to the United States Constitution. We were encouraged to learn of your consideration of an executive order that would require the agencies of the federal government to respect religious freedom throughout their activities and respectfully request that you issue such an order without delay.
From the earliest stages of our nation’s founding to today, Congress and the Executive Branch have repeatedly acted to preserve and affirm the right of individuals to express freely and act on their religious beliefs. Laws respecting the freedom of religion have been enacted with bipartisan support. In 1993, following nearly unanimous backing in Congress, President Bill Clinton signed the Religious Freedom Restoration Act into law, at the time stating the "…shared desire here to protect perhaps the most precious of all American liberties, religious freedom."
An executive order requiring federal government agencies to protect the right to religious freedom is necessary, and directing agencies to adhere to existing federal laws protecting religious freedom is sound policy. The federal government has pushed organizations like the Little Sisters of the Poor to change their health care plan to offer services that violate the Little Sisters' deeply held religious beliefs. Highly-qualified faith-based organizations are being denied or they are declining to compete for federal contracts and grants because of their religious beliefs, the same beliefs that lead them to provide charitable work on behalf of the most vulnerable populations in our country and around the world. The threat of loss of accreditation or charitable tax status lingers in the wake of the United States Solicitor General’s comments upon the Supreme Court’s 2015 ruling in Obergefell v. Hodges that the loss of charitable tax status was, "certainly going to be an issue." Religious groups on college campuses are being banned, threatened, or forced to change their bylaws.
We agree with and commend your strong statements in support of religious freedom, most recently at the National Prayer Breakfast on February 2, 2017, where you stated "…my administration will do everything in its power to defend and protect religious liberty in our land." Additionally, we appreciate the actions you have already taken to defend the rule of law and bring federal agencies into compliance with the law as written by Congress. The defense of religious freedom must not be left out of these efforts. The free exercise of religion rings hollow if individuals do not have the ability to live out their faith without fear of repercussion from the government.
Each year, we recognize the passage of the 1786 Virginia Statute for Religious Freedom. Thomas Jefferson wrote, "no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever…nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinion in matters of religion."
In both the Declaration of Independence and the Constitution, we reaffirm that the power of the state is intended to be wielded for the good of its citizens. We cannot be a country that financially punishes individuals for practicing their sincerely held religious beliefs or decides which practices are a valid part of a particular religious tradition and worthy of protection.
Religious freedom was a founding principle of this nation and is a value that we have exported to the rest of the world. We have a responsibility to protect and defend the free exercise of religion for people of all faith both here and around the world. We appreciate your consideration of this request and look forward to working with you on this vital issue.
Contact Anna Wolfe at 601-961-7326 or awolfe@gannett.com. Follow her on Twitter.