The drive for religious special rights hits the Lone Star State, as Gov. George Bush speaks out in favor of the Religious Liberty Protection Act.

vershadowed in the media by coverage of President Clinton's impeachment trial, efforts are still underway to enact a Religious Liberty Protection Act and establish by law what critics say is a discriminatory system of "special rights" in favor of faith-based institutions and belief. Over a dozen state legislators have wrestled with proposed legislation based mainly on the discredited Religious Freedom Restoration Act (RFRA), passed by Congress and struck down by the US Supreme Court in 1997. Like RFRA, the Religious Liberty Protection Act would hold government to a "compelling interest/least restrictive means" test when dealing with religious groups or exercise.

   Despite the unconstitutionality of RFRA, supporters have embarked on an ambitious plan to have the legislation enacted at the state level, and have crafted RLPA as a second-generation of the old Restoration Act. Last year, RLPA legislation was adopted in Illinois, Alabama and Florida. In California and Illinois, however, the proposal has become hotly contested as to whether or not the protection of religion should take precedence over civil rights laws and security within local criminal justice systems.

   Now, Texas is the next battleground for RLPA legislation, with Governor George W. Bush leading the initiative. Bush, considered a hot prospect for the GOP presidential nomination in 200, claimed that recent court decisions have allegedly jeopardized religious exercise "one small action at a time."

   The RLPA legislation was introduced earlier this month in the Texas Senate, and crafted by the Coalition for the Free Exercise of Religion. The Coalition is the Washington-based ecumenical lobby which first proposed the Religious Freedom Restoration Act.

   Several factors are fueling the push for RLPA/RFRA legislation, especially in Texas where the controversy began. In the town of Boerne, Texas, the local Archdiocese announced plans to demolish most of a 70-year-old structure which city officials and local preservationists argued fell under the purview of historical ordinances. Church officials, when refused a demolition permit, went to court arguing that the regulations impinged on freedom of religion.

   One factor is the complex area of state-church law which attempts to balance the free exercise and establishment clauses of the First Amendment. Courts, for instance, have recently decided that the First Amendment does not shield religious groups from civil liability. Last month, West Virginia county Judge H.L. Kirkpatrick handed down his decision in response filed by a youngster and her mother which sought damages from the Mormon Church. The suit argued that church officials knew that the girl's father was sexually molesting her, yet failed to report the actions as required by state law.. Also known as the Church of Jesus Christ of Latter-day Saints, the Mormon religion has been sued over two-dozen times for failure to report sexual abuse.

   "The Mormon Church has centered most of its arguments on the question of when does the state's interest in protecting children override a church's First Amendment rights to avoid government control," noted a story carried by PR newswire.

A PROBLEM WITH THE RELIGIOUS LIBERTY PROTECTION ACT The Legacy of COMPELLING INTEREST and LEAST RESTRICTIVE MEANS The Religious Liberty Protection Act is defended as being necessary to protect First Amendment freedom and faith-based expression. But a distinugished constitutional scholar warns that RLPA is filled with "unintended negativeconsequences." Tell Me More!

   Other legal battles have focused on issues like neighborhood zoning. In December, for instance, a township zoning board in Pennsylvania ordered a property owner to dismantle religious signs visible from Interstate 70. The township argues that local ordinances forbid permanent signs larger than one square foot in communities which are primarily residential. The religious sign is 10' high and 64' feet in length, and reads "Blessed is he who comes in the name of the Lord."

   Another factor in the Texas RLPA battle, albeit one less conspicuous, involves the political ambitions of Governor George Bush. Bush has seized the "religious liberty" issue with unusual vigor, seeking to incorporate it into his program of so-called "compassionate conservatism." Pundits see the 52-year old son of the former President as the man to beat when Republicans huddle next year in Philadelphia for their nominating convention, and Bush is reportedly weighing his options now before announcing whether or not he will seek the White House job. Increasingly, though, he has come under attack from the GOP's religious right faction, especially at last week's annual meeting of the Conservative Political Action Conference. With Sen. John Ashcroft no longer tossing his hat in the ring for the nomination, religious groups are seeking a candidate they can trust; and Bush's standing with that segment of the party remains in doubt. He could face primary opposition from former Vice President Dan Quayle, and even Gary Bauer, the energetic, feisty head of the powerful Family Research Council.

   Either way, the Texas RLPA (the bill has not yet been given a name) makes good sense if the Governor wishes to continue courting the GOP religious right. It also adds the state to the growing list of governments which under the facade of religious freedom are granting special rights to faith-based groups and individuals.

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