Case in Point May/June 2025

May/June 2025
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Will America Abandon Its Leadership on International Religious Freedom?

America’s global efforts to protect religious rights and counter authoritarian disinformation could be undermined by recent federal cuts to USAID and the closure of U.S.-funded media outlets, according to the 2025 annual report of the U.S. Commission on International Religious Freedom (USCIRF).

Commission chair Stephen Schneck said that President Donald Trump “faces a complex international environment” and that the U.S. has built a strong record on “centering religious freedom as a cornerstone of foreign policy and global leadership.” This could be endangered, Schneck said, by the suspension or cancellation of programs that Congress has funded specifically for international religious freedom, including emergency support to victims of religious repression and refugee resettlement programs for those fleeing religious persecution in their countries of origin.

This year’s USCIRF report recommended 16 countries for designation as “countries of particular concern” because of severe violations, including China, Iran, India, and Nigeria. It also identified seven nonstate actors, such as al-Shabaab and Boko Haram, as “entities of particular concern.” Additionally, 12 nations were recommended for the special watch list for significant violations, including Egypt, Turkey, and Syria.

The commission, established in 1998 by Congress, is an independent, bipartisan federal body that monitors global religious freedom and advises the U.S. government on policy responses to violations.

British Court Issues Historic Ruling on Gender and Biological Sex

In a landmark decision the UK Supreme Court has ruled unanimously that “woman” and “sex” in Britian’s Equality Act of 2010 refers to biological sex, not legal gender. This ruling marks the culmination of a long-running legal battle that could have major implications for how sex-based rights apply across Scotland, England, and Wales. It supports sex-based protections for women and allows single-sex spaces to be based on biology. The ruling supports the rights of religious individuals and institutions to uphold beliefs that sex is biologically defined, and it protects their ability to maintain sex-specific spaces aligned with their faith. The court also affirmed, however, that antidiscrimination protections for transgender people remain in place.

Arkansas Tackles Religious Discrimination in Adoption

Arkansas governor Sarah Huckabee Sanders has signed the Keep Kids First Act into law, aiming to protect the religious freedom of adoptive and foster parents as well as faith-based child welfare agencies. The law prevents the state from taking adverse action against individuals or organizations who act according to their sincerely held religious beliefs, particularly regarding such issues as sexual orientation and gender identity. Recent years have seen an increase in couples nationwide who have been denied the chance to foster or adopt because their religious beliefs were seen as potentially “harmful” to LGBTQ youth or inconsistent with state policies.

Alabama Tweaks Proposed School Prayer Law

Alabama lawmakers have walked back details of a proposed law that would have required require all public K-12 schools to start the day with both the Pledge of Allegiance and a prayer reflecting Judeo-Christian values. The revised bill now includes all religions and would allow local school boards to permit voluntary student prayer with parental consent, though not during classtime. It would also require public schools to conduct the Pledge of Allegiance, with opt-out policies. Failure to comply could mean reduced funding for schools.

In Texas, Full Steam Ahead 
for Religion in Public Schools

The Texas legislature is moving forward on laws aimed at increasing religion in public schools. Proposed bills would require the Ten Commandments to be displayed in classrooms and allow designated prayer or Bible reading times during the school day. Under current Supreme Court precedent, these laws pose significant establishment clause concerns. Texas earlier passed a bill allowing school districts to employ chaplains as school counselors, and the State Board of Education has approved “Bluebonnet Learning,” an optional K–5 curriculum that weaves Biblical references into English and language arts instruction.

Texas is also set to launch a $1 billion school voucher program that would allow parents to use public funds for private, homeschool, or virtual education—including religious schools. The program is expected to reach 90,000 students in its first year and could grow to $4.5 billion annually by 2030.

Native American Religious Rights Hang in the Balance

The federal government is moving ahead with plans to transfer Oak Flat—a sacred Native American site in Arizona—to Resolution Copper, a mining company owned by a foreign corporation. This move is proceeding despite an ongoing lawsuit (Apache Stronghold v. United States) and a pending U.S. Supreme Court review. Apache Stronghold, supported by 21 of 22 tribal nations in Arizona and many advocacy groups, argues the transfer would permanently destroy a religious site vital to Apache ceremonies. The land was protected until a 2014 defense bill authorized its transfer. Critics say this reflects a long history of disregard for Native American spiritual sites, and they urge the Supreme Court to act before irreversible damage is done.

Wyoming Continues “Religious Freedom Restoration” Trend

Wyoming governor Mark Gordon has signed the Wyoming Religious Freedom Restoration Act, making it the twenty-ninth U.S. state to adopt such protections. The law prevents state and local governments from enforcing policies that “substantially burden” a person’s religious exercise unless the policy is essential to a compelling government interest and is the least-restrictive way to achieve it. Like all RFRAs, this law is not an automatic “trump card” for religious claimants and does not guarantee they will prevail in any dispute. Instead, the law simply protects the ability of people of faith to bring their claims to court for adjudication. This state law mirrors a 1993 federal RFRA law that the Supreme Court gutted in 1997, ruling that it did not apply at the state level.