America’s best and worst states for religious freedom — and what it means for our future
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There are many reasons why state laws remain decisive. First, state statutes can still contradict clear federal precedent. After the Supreme Court struck down Wisconsin’s discriminatory law in Catholic Charities v. Wisconsin, a similar law remained in effect in New York. Religious organizations there had to continue the litigation even after the Supreme Court had essentially decided the issue.
It is also not enough for states to rely solely on constitutional protections or a Religious Freedom Restoration Act.
These safeguards are vital but not sufficient. When a religious organization’s hiring or service conflicts with state “nondiscrimination” laws, it should not have to spend years in court to prove its right to operate according to its beliefs. States can and should pass clear exemptions that prevent such conflicts from ever arising.
Finally, state tax and regulatory codes can have a major impact on whether faith-based organizations thrive. Many religious nonprofits are treated like for-profit corporations, subject to tax regimes and administrative filings, fees, and audits that make it hard for them to operate. States should look closely at such laws and remove unnecessary burdens that divert precious time and resources away from ministry and service.
No matter who sits in the White House or on the Supreme Court, state laws remain a foundation of religious liberty. The Faith and Freedom Index remains an important tool to protect and foster the work of religious organizations and religious liberty in general.
Voters should consider how laws in their states burden religion when they cast their votes. Policymakers should pay close attention to laws that may seem tedious but can make or break the needed work of religious organizations. And our government leaders should work to enact laws that foster religious liberty, so that religion can serve its proper role in contributing to the common good.
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