# Faith, Family and Freedom: Defending Religious Liberty in Texas Published: 2026-10-27T01:21:42.509+00:00 Original: https://www.halefortexas.com/blog/religious-liberty-texas Religious liberty isn't a special favor for believers. It's the first freedom in the First Amendment, and it protects the Catholic charity, the Baptist church, the neighborhood mosque and the parent who wants a say in what a seven-year-old is taught. In the last two years the Supreme Court has had to defend it again and again. **Religious freedom at the Supreme Court since 2025** - **Catholic Charities Bureau v. Wisconsin:** June 5, 2025, 9–0. A state can't deny a Catholic charity the religious exemption other faiths get because of how it serves the poor. - **Mahmoud v. Taylor:** June 27, 2025, 6–3. Parents with religious objections are entitled to opt their young children out of storybook lessons on sexuality and gender. - **Oklahoma Charter School Board v. Drummond:** May 22, 2025, 4–4. A tie left in place Oklahoma's ruling against the first religious charter school; no national precedent. Sources: Becket (https://becketfund.org/case/catholic-charities-bureau/); SCOTUSblog, Mahmoud (https://www.scotusblog.com/case-files/cases/mahmoud-v-taylor/); Supreme Court, Drummond (https://www.supremecourt.gov/opinions/24pdf/24-394_9p6b.pdf). In Texas, the Fifth Circuit upheld the state's law requiring the Ten Commandments in classrooms (SB 10) 9–8 in April 2026, and families have asked the Supreme Court to take the case. **The Religious Freedom Restoration Act: a bipartisan law worth keeping** In 1993 Congress passed the Religious Freedom Restoration Act almost unanimously: by voice vote in the House and 97–3 in the Senate. Then-Rep. Chuck Schumer sponsored it and President Clinton signed it. It says the federal government can't substantially burden your exercise of religion unless it has a compelling reason and uses the least restrictive means. It was, and should still be, common ground. **Conscience protection and the Equality Act** Rep. Lizzie Fletcher was an original cosponsor of the 2021 Equality Act (H.R. 5). Section 1107 of that bill says: “The Religious Freedom Restoration Act of 1993 … shall not provide a claim concerning, or a defense to a claim under, a covered title, or provide a basis for challenging the application or enforcement of a covered title.” In plain terms: a church school, a Catholic hospital or a faith-based adoption agency sued under the Equality Act could not use the 1993 religious-freedom law to defend itself. She voted for the Equality Act in 2019 and 2021. **Parental rights in Texas schools** After Mahmoud, public schools must let parents with sincere religious objections opt their young children out of certain lessons. Houston ISD and the other districts in TX-07 serve families of nearly every faith; the ruling protects all of them equally. **Alexander Hale's position** Alexander believes religious liberty is America's first freedom, and that it belongs equally to every faith and to people of no faith. In his words: “I am a Christian, and my faith is exactly why I believe the government has no business favoring one religion over another.” - **Let religious institutions be themselves.** Churches, religious schools and ministries should be able to hire, teach and operate by their beliefs, without government pressure to give them up as the price of serving the public. That means defending the Religious Freedom Restoration Act as written, including against Section 1107 of the Equality Act. - **Equal footing.** Faith-based groups should take part in public programs on the same terms as everyone else, as the Supreme Court held in Espinoza (2020) and Carson v. Makin (2022). - **Individual conscience.** No one should have to choose between their faith and their livelihood. - **Parents' rights.** Parents should be able to see what their children are taught and, as Mahmoud recognized, opt them out on religious grounds. More in his school choice post (https://www.halefortexas.com/blog/school-choice-texas-2026). **Frequently asked questions** **What is the Religious Freedom Restoration Act?** A 1993 federal law that bars the government from substantially burdening religious exercise unless it has a compelling interest and uses the least restrictive means. **What did the Supreme Court decide in Mahmoud v. Taylor?** That parents with religious objections can opt their young children out of storybook lessons on sexuality and gender. **Does the Equality Act affect religious freedom?** Section 1107 of the 2021 bill bars the Religious Freedom Restoration Act as a claim or defense under the laws it amends. **Is the Texas Ten Commandments law in effect?** The Fifth Circuit upheld it in April 2026; families have asked the Supreme Court to review it. **Where does Lizzie Fletcher stand on religious liberty?** She was an original cosponsor of the 2021 Equality Act, which includes Section 1107. **The first freedom deserves a defender** Early voting runs through October 30, and Election Day is November 3. Vote at any site in your county; find one at https://www.harrisvotes.com (Harris) or https://www.fortbendvotes.org (Fort Bend). Or read Alexander's plan for local control (https://www.halefortexas.com/priorities/local). **Sources** - Becket, Catholic Charities Bureau v. Wisconsin: https://becketfund.org/case/catholic-charities-bureau/ - SCOTUSblog, Mahmoud v. Taylor: https://www.scotusblog.com/case-files/cases/mahmoud-v-taylor/ - Supreme Court, Oklahoma Statewide Charter School Board v. Drummond (https://www.supremecourt.gov/opinions/24pdf/24-394_9p6b.pdf) and SCOTUSblog analysis (https://www.scotusblog.com/2025/05/split-supreme-court-blocks-first-religious-charter-school-in-oklahoma) - Senate Republican Leader, RFRA history: https://www.republicanleader.senate.gov/newsroom/research/sen-schumers-religious-freedom-restoration-act-key-law-at-issue-in-hobby-lobby- - Equality Act, H.R. 5 (117th Congress), bill text: https://www.congress.gov/117/bills/hr5/BILLS-117hr5ih.pdf - FindLaw, Fifth Circuit upholds Texas Ten Commandments law (Apr 2026): https://www.findlaw.com/legalblogs/federal-courts/fifth-circuit-gives-texas-ten-commandments-law-a-razor-thin-win/ - ACLU, Nathan v. Alamo Heights ISD (case status): https://www.aclu.org/cases/nathan-v-alamo-heights-independent-school-district