Religious Freedom Law Signed by Then Governor George Bush to Be Interpreted by Texas Supreme Court

A religious freedom law in Texas signed by then Governor George Bush will soon be interpreted by the Texas Supreme Court it was announced today.

In 1999 Governor George Bush signed the Texas Religious Freedom Restoration Act. The same year the Sinton, Texas, which is near Corpus Christi, adopted a zoning regulation that was responsible for the eventual shutdown of Philemon Homes, a ministry that housed former prison inmates. The Texas Religious Freedom Restoration Act is a law which gives ministries the right to operate free from government regulation.

The Philemon Homes ministry was started by Pastor Rick Barr to rehabilitate and assist non-violent criminals released from prison. Soon after the establishment of the ministry, the city of Sinton passed a zoning ordinance banning the ministry from existing within city limits.

Pastor Barr sought recourse under the Texas Religious Freedom Restoration Act, but a Court of Appeals in Corpus Christi ruled in favor of the city. The court ruled the law did not protect the pastor or the ministry. Today the Supreme Court of Texas heard oral arguments in the case. This will be the first time the Texas Supreme Court has interpreted the law.

According to press reports, the case has brought national and international attention because of who signed it and because it will have national implications.

"This case not only involves the crucial religious freedom of churches to minister and change lives," Shelly Shackelford Chief Counsel for the Liberty Institute, which is handling the case for the Christian ministry, said in a press release. "The outcome of this case will affect the religious freedoms of every citizen, since every citizen is protected by either the U.S. or Texas RFRA (Religious Freedom Restoration Act)."

Pastor Barr and Philemon Homes are being represented by the Liberty Institute and the legal firm of Gibson, Dunn and Crutcher LLP.

James C. Ho of Gibson, Dunn and Crutcher LLP, called the action of the city in expelling the ministry "the kind of government burden on religious activity that should have triggered robust judicial review under Texas RFRA." He said the law does not guarantee a particular result, but it does guarantee a particular process.

Ho said the various RFRAs in various states and the federal law "create a new paradigm, a special set of instructions for people of faith." He said he believed lower courts and the city of Sinton ignored the instructions in the law. He said attorneys are fighting to see the law is upheld.

Ho said any person of faith should "have at least the presumption" that he can practice his faith without government interference, unless the government "has a special reason" not to allow that freedom.

It could take several months for the Texas Supreme Court to make a decision in interpreting the Texas Religious Freedom Restoration Act.