Texas Attorney: Case Will Test State Law on Religious Freedom
by Allie Martin
December 19, 2006
(AgapePress) - - The Texas Supreme Court has decided to hear a case that one attorney says could affect all states with religious freedom statutes. An attorney involved in the case -- Pastor Barr and Philemon Homes, Inc. v. The City of Sinton -- says it is will be the first case before the high court to interpret the state's Religious Freedom Restoration Act (RFRA). The case was filed after officials in the south Texas town of Sinton passed zoning laws barring from the community a ministry that focuses on helping non-violent criminals get their lives back on track after being released from prison. Philemon Homes wanted to operate a residential home for those inmates after their release.
Kelly Shackelford, chief counsel with Liberty Legal Institute in Plano, says the zoning restrictions passed by Sinton officials are unconstitutional. "What happened is that the city found out about this ministry of the church, and so they actually banned the ministry from the city," he explains. "And they admitted that they passed these new zoning laws particularly because of this ministry."
According to Shackelford, the case involves the first test of a state law. "This case not only involves the crucial religious freedom of churches to minister and change lives," he says; "it also involves correctly interpreting the Texas [Religious Freedom Restoration Act] so the religious freedoms of every Texas citizen are restored in full.
"You've got to be willing to stand," the attorney continues, "because it's not only this church or this ministry but every church that is impacted. And when we stand, we stand for the freedoms of all our brothers and sisters in Christ."
Prison Fellowship, while not affiliated with the ministry in Sinton, has filed a friend-of-the-court brief in favor of Liberty Legal's case. Oral argument is expected this spring.
Allie Martin, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.
