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State Religious Liberty Law Protects Religious Group Assisting Migrants from Being Shut Down by Government

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December 10, 2024

News Release
For Immediate Release: 12.10.24
Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453

State Religious Liberty Law Protects Religious Group Assisting Migrants from Being Shut Down by Government
First Liberty Institute files friend-of-the-court brief in case involving lawsuit brought against Annunciation House by Texas Attorney General.

Austin, TX—The law firm Gibson Dunn today filed a friend-of-the-court brief on behalf of First Liberty Institute at the Texas Supreme Court in Paxton v Annunciation House, a lawsuit brought against a religious non-profit. The brief argues that the religious exercise of Annunciation House is protected by the Texas Religious Freedom Restoration Act (“TRFRA”).

You can read the brief here.

“We’re asking the court to reaffirm the legislature’s decision to protect religious entities from undue government interference and hold that the Texas Religious Freedom Restoration Act bars the government’s action in this case,” said Elizabeth Kiernan, Associate Attorney at Gibson Dunn. “Texas enshrined TRFRA to make explicit that the government may not suspend the foundational free exercise right to religious action unless the government’s reasons are compelling and its actions are the least restrictive means of furthering those reasons.”

“Religious organizations like Annunciation House must be afforded the full protection of the State’s laws,” added Kelly Shackelford, President, CEO, and Chief Counsel of First Liberty Institute.  “We want to make sure the Texas Supreme Court understands the importance of applying TRFRA to all religious ministries that serve our communities.”

In the brief, attorneys state, “Once clear that the [Texas Religious Freedom Restoration] Act applies, it’s easy to see that the proposed quo warranto action in this case to ‘terminate’ Annunciation House’s religious services in Texas doesn’t pass muster.  It would impede Annunciation House’s ability to keep Christ’s command to practice charity—’the high road of the journey of faith, of the perfection of faith.’  See Pope Francis, Angelus (Aug. 23, 2020), https://t.ly/K3y6.  And the State identifies no compelling interest specific to closing Annunciation House down, let alone justifying the death knell of termination as the least restrictive means to advance its interest in enforcing Texas law.”

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About First Liberty Institute

First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.

To arrange an interview, contact John Manning at media@firstliberty.org or by calling 972-941-4453.

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