17 April: (SPECIAL EDITION) U.S. Sects: Law and Public Policy

Melissa Rogers

We chatted with Melissa Rogers about the intersection of civil rights and the law in the United the United States in connection with a Texas polygamist sect compound.  State officials raided the compound after reports of child abuse and forced marriages between underage girls and adult men.

Police escort members of Fundamentalist Church of Jesus Christ of latter Day Saints onto a bus in Eldorado, Texas, 06 Apr 2008

Melissa Rogers is an expert on religion, public policy and the law at Wake Forest University Divinity School She joined T2A to sort through the complicated issues surrounding sects in the United States.

- Transcript Follows -

Melissa: The First Amendment to the United States Constitution and various state constitutional provisions and statutes are among the legal measures that provide protection for the free exercise of religion. But the free exercise rights of individuals and groups can be limited by the government, particularly when there is a compelling governmental interest for doing so. Protecting the health and well being of children is recognized as one of those interests. Of course, in cases involving children, the child welfare laws of the state are some of the other legal provisions that will play a large role in the resolution of the case.

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Erin: Is this an issue of separation of church and state? What is the main debate surrounding a case like this?

Melissa: One of the ways in which we separate church from state in the United States is to provide a variety of protections for the free exercise of religion. But, again, certainly when the state has a compelling state interest for burdening those rights, and when it pursues that interest in a way that puts the most narrow burden possible on religion, then we understand that this is an appropriate balance of free exercise rights and the rights of the state to ensure the welfare of all of its citizens. Cases that involve the welfare of children are some of the least controversial cases in this area because everyone understands the value and vulnerability of children. But it is also true that many will be watching this case closely to ensure that the state carries out its responsibilities in ways that are fair and sound and in a manner that does not create bad precedent for future religious liberty cases.

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Melissa: I am just learning the facts of this particular case, so I cannot provide a specific answer to that question. But, generally speaking, I would say that governmental authorities want to ensure that they have a sound and compelling reason before interfering with a religious community. In the wake of episodes like the Branch Davidian compound case, they also want to think through their strategies carefully and ensure that they have an “endgame” that does not cause loss of life.

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Melissa: There is no legal definition of a 'sect' in the United States, our laws protect the rights of all religions to practice their faiths and does not differentiate among them. Indeed, the law prevents the government from treating some religions differently than others based purely on theological precepts. But the law also will not tolerate things like the abuse of children and violence toward others, no matter if that conduct is by religious or nonreligious actors. So if a group abuses children, they will not be able to get away with that terrible conduct simply because they say it is their religious practice. The government can and should act to protect all of its citizens, and Americans generally recognize and accept the fact that no religious liberty right will excuse actions that endanger the safety and welfare of others.

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