The unstable politics of religious accommodation

Claims for accommodation of religious conscience are not inherently a “right” or “left” phenomenon, any more than is religion itself. That’s an old story — in case anyone had forgotten the sides Justices Brennan and Scalia took on the constitutional angle — but it comes to mind once more with an Arizona federal court’s decision in favor of four liberal believers moved to violate federal law out of sympathy for persons illegally crossing the southwest border. David French, The Dispatch:

Using RFRA [the Religious Freedom Restoration Act, oft a target of liberal wrath in recent years], it overturned the convictions of four people affiliated with the Unitarian Universalist Church who were prosecuted for “violations of the regulations governing the Cabeza Prieta Wildlife Refuge.” The defendants were convicted after entering the refuge without the necessary permits and “leaving supplies of food and water in an area of desert wilderness where people frequently die of dehydration and exposure.”

Questions of entitlement to religious exemption and accommodation from otherwise applicable law are best decided according to impartial principle, not on the basis of which team stands to benefit in the case at hand.

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