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Texas Religious Freedom Act Faces Landmark Challenge in Austin Court

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  Published in Politics and Government on Monday, December 1st 2025 at 12:30 GMT by Tennessean

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Summary of the Tennessean’s coverage of the Texas “religion‑in‑politics” hearing (December 1, 2025)

On the morning of December 1, 2025, a federal court in Austin heard a landmark case that could fundamentally alter the way religion is woven into the political fabric of Texas—and, by extension, the United States. The case, United States v. Texas (Case No. 1:25‑cv‑0123), pits the U.S. Department of Justice (DOJ) and a coalition of civil‑rights groups against the Texas Attorney General’s office and the state’s newly enacted “Texas Religious Freedom Restoration Act” (T‑RFRA). The Tennessean’s article—originally published at tennessean.com—provides a detailed account of the hearing, the legal questions at stake, the broader political stakes, and why the outcome could “rewrite the rules of religion in politics across the U.S.”

1. The case at a glance

• Plaintiffs: United States DOJ, American Civil Liberties Union (ACLU), and other advocacy groups.
• Defendants: Texas Attorney General Ken Paxton, Texas Governor Greg Abbott, and the state of Texas.
• Central Issue: Whether T‑RFRA, a 2019 statute that expands the federal Religious Freedom Restoration Act to the state level, violates the Establishment Clause of the First Amendment by effectively giving religious organizations “legal immunity” in public policy disputes.
• Potential Impact: A ruling in favor of the plaintiffs could invalidate similar religious‑liberty statutes in other states, while a ruling for Texas could embolden faith‑based lobbying across the country.

The hearing, held in the U.S. District Court for the Western District of Texas, was the first major judicial examination of the law, which has already sparked controversy in the state legislature, the religious community, and the business sector.

2. Background on T‑RFRA

The Tennessean traces the legislative history of T‑RFRA to the 2019 Texas Legislature, which passed the bill in a climate of heightened religious‑politics activism. The law’s language allows religious organizations to file lawsuits against government actions that they argue “unduly burden” their faith, with a “strict scrutiny” standard that requires the government to demonstrate a compelling interest and to use the least restrictive means. Critics argue that the statute shifts the balance from a neutral, secular legal framework to one that privileges faith‑based entities, thereby creating a loophole for churches and faith groups to influence policy in areas such as abortion, LGBTQ rights, and school curriculum.

The law’s supporters claim it protects the “religious liberty” of all Texans. Representative Lisa Torres, a Republican member of the House Appropriations Committee, stated in a televised interview: “We’re not giving special treatment to one faith; we’re ensuring that every religion can defend itself against governmental overreach.”

3. The hearing: arguments and witnesses

Prosecution’s case

The DOJ’s chief counsel, Tara Nguyen, opened the proceedings by arguing that T‑RFRA “constitutes a direct affront to the Establishment Clause.” She cited Lemon v. Kurtzman (1971) and Engel v. Vitale (1962) to support her position that state law cannot afford preferential treatment to religious entities.

Nguyen called three witnesses:

1. Dr. Eleanor Carter, constitutional law professor at the University of Texas at Austin. Carter explained how T‑RFRA’s “religious‑liberty” language essentially creates a second legal track for religious groups that does not apply to secular organizations.
2. Michele Ortiz, director of the ACLU’s Texas office. Ortiz recounted a case where a Christian nonprofit sued the state for banning a “faith‑based” curriculum in public schools, arguing that the school board’s policy was a violation of the nonprofit’s religious freedom.
3. John Ramirez, a civil‑rights attorney who represented a minority faith community that had been denied the same “religious‑liberty” protections afforded to larger Christian organizations.

Defendants’ case

Attorney General Ken Paxton, with counsel Robert Ellis, countered that T‑RFRA is a “necessary safeguard” for religious liberty, emphasizing the Supreme Court’s decision in Employment Division v. Smith (1990). Paxton’s key witnesses were:

1. Sen. David Johnson, a key author of T‑RFRA. Johnson argued that the law is “balanced” and that its “strict scrutiny” provision prevents frivolous lawsuits.
2. Pastor Mark DeVries, a local church leader. DeVries testified that the law has allowed churches to advocate for policies on abortion and LGBTQ issues that align with their doctrinal positions.
3. Dr. Susan Lee, a sociologist. Lee presented research indicating that faith‑based groups provide essential social services—childcare, food banks, and counseling—that would be difficult to replace if T‑RFRA were struck down.

The hearing featured vigorous cross‑examination, with both sides presenting evidence on how the law has been used in over 30 lawsuits since its enactment. Paxton argued that the DOJ’s “anti‑religious bias” is evident in the cases they have chosen to pursue.

4. Legal questions at stake

The judge, U.S. District Judge Linda Martinez, emphasized that the case centers on two pivotal constitutional questions:

1. Does T‑RFRA, as an amendment to the state constitution, create a “favoring” of religious interests that violates the Establishment Clause?
2. If the law does favor religion, does it meet the strict scrutiny test required for any constitutional amendment that restricts the government’s neutrality toward religion?

Judge Martinez noted that the outcome could either “reinforce the separation of church and state” or “normalize faith‑based influence in public policy,” making this a critical precedent for future challenges nationwide.

5. Broader implications

The Tennessean contextualizes the hearing within a larger national debate. The article links to a Washington Post editorial that discusses the potential domino effect if the U.S. Supreme Court upholds the state law. According to the editorial, states like Florida, Indiana, and Louisiana have already considered similar statutes, and the federal legal landscape is in flux as a result of recent Supreme Court decisions that leaned more heavily toward religious freedom (e.g., Trinity Lutheran Church of Columbia v. Comer, 2023).

A supportive ruling for Texas could enable faith‑based organizations to influence a range of public policy areas—education, healthcare, and even local zoning laws—while a ruling against Texas could reinforce the “neutrality” principle in state courts, limiting the use of religious arguments in legal disputes involving the government.

The article also highlights how the case intersects with upcoming mid‑term elections. A ruling that protects or limits religious influence may shape campaign strategies for both major parties. The ACLU and other civil‑rights groups plan to launch a “faith‑freedom awareness” campaign, while several evangelical coalitions are already mobilizing supporters to push for the law’s expansion.

6. Closing notes from the Tennessean

In its conclusion, the Tennessean underscores that the Texas hearing is “a bellwether for how America negotiates the balance between religious liberty and governmental neutrality.” The article links to the court’s docket, the Texas Legislature’s press releases, and the DOJ’s brief to allow readers to explore the documents in detail. It also includes a sidebar with a timeline of the T‑RFRA’s legislative milestones and a brief overview of the Lemon test, ensuring that readers without a legal background can grasp the stakes.

7. Bottom line

The December 1, 2025 hearing in Austin is far more than a state‑level dispute. It is a crucible that will determine whether religious organizations will gain an expanded legal shield to influence public policy or whether the constitutional safeguard that keeps religion separate from state affairs will remain intact. The Tennessean’s article, with its meticulous recounting of the arguments, the legal precedents invoked, and the broader political context, offers a comprehensive snapshot of this pivotal moment—an event that could “rewrite the rules of religion in politics across the U.S.”