Opinion | Texas has a distorted view of religious freedom

I do not claim to know whether all of Annunciation House’s efforts were in compliance with Texas state law. The two sides are in a heated dispute over this issue. But here’s what I know for sure: In the state’s bid to close Annunciation House, its attorney general, Ken Paxton, is attacking religious sanctuary rights.

Texas, as is the federal government and 27 more statesadopted the Act on the Restoration of Religious Freedom. Under Texas versionwhich is very similar to its federal counterpart, “a governmental agency may not substantially burden the free exercise of religion” unless that agency advances a “compelling governmental interest” and uses the “least restrictive means” to advance that interest.

Paxton argues that the closure of Annunciation House will not significantly burden the free exercise of religion. why Because, according to Paxton, Annunciation House, which mainly serves the poor, does not participate in many religious rituals. Here is a quote from Paxton Brief Information:

The Director of the House of Annunciation testified that the House of Annunciation (i) spends periods of “nine months, ten months” without Catholic mass, (ii) does not offer confession, baptism or communion, and (iii) “makes no effort” to evangelize or convert their guests to any religion.

In other words, the House of the Annunciation is not Catholic enough to merit Pope Paxton’s seal of approval.

This is absurd and threatens American civil liberties. First, it is ludicrous to believe that refugee services are not “free exercise” per se. Indeed, serving the poor is one of the purest forms of religious service. It is provided or approved, in one clause, over 2,000 passages from the Holy Scriptures. It is also one of the oldest expressions of Christian ministry and identity.

The very idea that a public official would take it upon himself to judge the religiosity and authenticity of a religious institution is deeply problematic. This involves the state in church affairs. Whenever public officials make a religious judgment about the expression of religious belief, it raises profound concerns about the Articles of Incorporation.

Furthermore, it is strange to argue that closing Annunciation House is almost the least restrictive means of enforcing Texas immigration laws. If a court decides that any aspect of the shelter’s conduct violates Texas law and is not protected by state religious freedom laws, it can issue an injunction against that conduct. Texas does not have to close the shelter to enforce state law.