More on Paxton and the Big [Silent] White Churches

National news is only slowly taking an interest in the Lazy-Eyed Cowboy’s unholy crusade against nonprofit migrant shelters.  But the big white churches still haven’t said a word. Or if they have they are barely whispering.  Last week, I told you that the crusade is about to go nationwide.  Steven Miller, who looks and sometimes even sounds remarkably like the Nazi propogandist Joseph Goebbels, filed a brief in support of Paxton.  Miller is Trump’s former senior advisor and he no doubt already has the measure of the windows in a White House corner office.  What I didn’t mention, though, is that not all of conservatives are behind the effort.  In fairness, I should have acknowledged that First Liberty Institute filed an amicus brief in opposition to Paxton’s religious persecution.  There is virtue amongst whores after all, and First Liberty Institute is one of those good public interest law firms I blogged about last week.  Here is an excerpt from the brief:  

Once clear that the 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. This Court should reaffirm the Legislature’s decision to protect religious entities from undue government interference and hold that the Act bars the action here.

. . . 

As a threshold matter, this case implicates Annunciation House’s free exercise of religion every bit as much as the halfway house in Barr did. Annunciation House’s “spiritual calling is to provide shelter to the poor, namely refugees.” Annunciation House Br. at 56; accord CR517–19. Its “ ‘exercise of religion’ is its provision of food, clothing, and shelter
for those who have nowhere else to turn.” Annunciation House Br. at 55. Indeed, such acts of charitable service are “rooted in Catholic values,” CR12, 517, 1306 (citing Pope Francis, Evangelii Gaudium (Nov 24, 2013)), and are just as vital as “the Sacraments and the Word.” Pope Benedict XVI, Deus Caritas Est ¶ 22 (Dec. 25, 2005), https://t.ly/Bxvi. Because Annunciation House expresses the Catholic faith through its service to immigrants, the Church lists it in “the Official Catholic Directory [of] organizations affiliated with the Catholic Diocese of El Paso.” CR515. Indeed, the Catholic Diocese of El Paso donated a shelter for Annunciation House to pursue its mission to serve. Annunciation House Br. at 19. 

Some smartly succinct lawyers from Gibson Dunn helped write the brief.  Last Sunday, NY Times columnist, David French, said this:  

The Supreme Court of Texas just heard oral argument in a case challenging a remarkably punitive and malicious attack on religious liberty by the state of Texas. That attack isn’t just dangerous on its own terms, it’s also a potential preview of President-elect Donald Trump’s second term. MAGA’s cruelty toward immigrants and its disregard for civil liberties are on full display in the Lone Star State.

Texas, like the federal government and 27 other states, has passed a religious freedom restoration act. Under the Texas version, which is very similar to its federal counterpart, “a government agency may not substantially burden a person’s free exercise of religion” unless that agency is advancing a “compelling government interest” and is using the “least restrictive means” of advancing that interest.

Paxton argues that closing Annunciation House won’t substantially burden its free exercise of religion. Why? Because according to Paxton, Annunciation House, which mainly serves the poor, doesn’t engage in many religious rituals. Here’s a quote from Paxton’s brief:

Annunciation House’s house director testified that Annunciation House (i) goes periods of “nine months, ten months” without offering Catholic Mass, (ii) does not offer confessions, baptisms, or communion, and (iii) makes “no” efforts to evangelize or convert its guests to any religion.

In other words, Annunciation House isn’t Catholic enough to earn Pope Paxton’s seal of approval. This is absurd — and threatening to American civil liberties. First, it’s ridiculous to believe that service to refugees isn’t “free exercise” all by itself. In fact, serving the poor is one of the purest forms of religious service that exists. It’s mandated or endorsed in, by one count, more than 2,000 passages in Scripture. It’s also one of the most ancient manifestations of Christian service and identity.  The very idea that a state official would take it upon himself to judge a faith-based institution’s religiosity and authenticity is deeply problematic. It entangles the state in ecclesiastical affairs. Whenever public officials pass religious judgment on expressions of religious faith, it raises profound Establishment Clause concerns.

“Pope Paxton,” that’s a good  one.  Meanwhile, there are only crickets from the big white churches and I am not really in a laughing mood.  I am mad as hell about it.

darryll k. jones