In a major bipartisan win for religious freedom on Monday, a federal court tossed out the criminal convictions of four volunteers who, due to their religious convictions, risked their lives to leave food and water for illegal immigrants without a permit. The court rightly ruled that prosecuting them would violate the Religious Freedom Restoration Act. It’s another reminder that the law doesn’t just shield social conservatives: Rather, it protects religious liberty for all.
The four defendants were originally prosecuted for entering the Cabeza Prieta Wildlife Refuge without a permit. They were volunteering with a charitable organization affiliated with the Unitarian Universalist Church called No More Deaths. Per the ruling, “A founding volunteer of that organization testified that No More Deaths is a ‘humanitarian aid organization’ that was founded in 1999 ‘to provide food and water and medical care in the desert.’” As Cabeza Prieta is a particularly brutal stretch of desert, that is exactly what this group of volunteers did. For this, they were prosecuted and convicted.
The court reversed the volunteers’ convictions and said that the government’s attempt to prosecute their deed, which was motivated by their religious beliefs, “substantially burdened” their free exercise of religion. Over and over, the court cited Burwell v. Hobby Lobby, a landmark Supreme Court case that relied on the Religious Freedom Restoration Act, arguing that it provides “very broad protection for religious liberty.”
This is the second time in the last few months that a case like this has been thrown out. In his tweet thread on this case, Becket attorney Luke Goodrich pointed out that religious liberty is not just a Republican or conservative issue.
Third, religious freedom isn’t partisan. Sometimes it may look “conservative” (Hobby Lobby) or “progressive” (this case). But the core principle is bipartisan. Every human being has a thirst for the transcendent, and the government (under both parties) must respect that. 11/
— Luke Goodrich (@LukeWGoodrich) February 4, 2020
Whether it’s a Christian organization that believes providing coverage for birth control goes against its religious convictions, as in Hobby Lobby, or a group of Unitarian Universalists who give food and water to illegal immigrants, the Religious Freedom Restoration Act exists to protect both. Religious freedom in general should protect any and all people peacefully practicing their religion.
The bill was signed into law in 1993 by former President Bill Clinton, of all people. This is proof that religious liberty once was and should always be a nonpartisan issue.
In an email to me, Goodrich explained:
Many times, the liberal media has made it seem as if conservative claims for religious liberty only protect radicals, fundamentalists, and backward religious zealots. But this case concerning care for illegal immigrants is especially compelling because it shows that religious liberty isn’t just for socially conservative Christians. It’s also for Unitarians who want to offer food and water to people traveling here illegally.
“Whatever you do for the least of these you do to Me,” Jesus said quite plainly in scripture. This is one of the most deeply held convictions people of multiple faiths share. So while I’ll always cheer for the nuns, I’ll cheer for the Unitarians too — because religious freedom doesn’t protect anyone unless it applies to everyone.
Nicole Russell (@russell_nm) is a contributor to the Washington Examiner’s Beltway Confidential blog. She is a journalist in Washington who previously worked in Republican politics in Minnesota.
