Napa Legal Institute released its first annual “Faith and Freedom Index” on Wednesday concluding that Texas and Alabama rank highest in the nation for protecting freedoms for faith-based groups, while Michigan and Nevada ranked the lowest.
The institute shared its new findings with Fox News Digital. The study ranks all 50 states and Washington, DC on how much their laws affect faith-based, tax-exempt nonprofits’ ability to operate successfully and efficiently without governmental hindrance. The group awarded scores to each state based on a list of 14 factors in the categories of religious freedom and regulatory freedom.
States that tout constitutional provisions for religious freedom scored higher in that category, while states that had “well-developed nonprofit religious corporation laws” received a higher ranking in the regulatory category.
“Taxes and audit requirements to fundraise were examples of ‘red tape’ items that would detract points on the regulatory freedom side. States with modern nondiscrimination laws, which incorporate sexual orientation and gender identity, lost points on the religious freedom side,” Fox News reported.

“No state received a positive ranking of 80% or higher in both categories, according to the legal organization. While 32 states received scores of 40% or lower for religious freedom, states were more friendly to these groups in ensuring freedom from burdensome regulations,” Fox News continued.
Alabama and Texas came out on top with the best overall scores. Michigan received the lowest overall score followed by Nevada, Wisconsin, Massachusetts, Maine, Hawaii, Utah, Virginia, Vermont, and West Virginia.
“Texas and Alabama also scored the highest in protecting religious freedom. Alabama received an 86% score and earned the distinction as the only state earning over 80%,” Fox News noted.
Mary Margaret Beecher, who is the executive director of Napa Legal, told Fox News Digital in an interview that Alabama’s edge was having a constitutional amendment that offered “significant protection” for religious organizations.
Starting a faith-based nonprofit and wondering which states are the most friendly or unfriendly to your operation? Curious how your current state measures up? Check out Napa Legal’s first-of-its kind Faith and Freedom Index to find out! https://t.co/Z3wTRecElv
— Napa Legal Institute (@NapaLegal) June 14, 2023
Texas came in second for religious freedom for similar reasons including “strong constitutional protections for free exercise of religion, constitutional language protecting religious exercise during a state of emergency, strong protections for directors to rely on guidance from religious figures, and a broad exemption from charitable registration laws.”
Texas is also in the process of contesting an Obama-era anti-discrimination rule known as “SOGI.” It mandates faith-based adoption and foster groups that receive federal funding not discriminate based on sexual orientation, gender identity, and same-sex marriage.
In Alabama, Gov. Kay Ivey (R) signed similar adoption reform legislation in May that protects adoptive and foster care families with religious beliefs. Ivey also signed an executive order in January enforcing the state’s Religious Freedom Amendment passed in 1998.
Thirty-two states bombed when it came to protecting religious freedom per the study.
Alabama and Texas W pic.twitter.com/pdSLbLnWER
— yl Davs✞ ⛪️⭐️⭐️⭐️MARTINEZ est une legende (@YlDavs) June 14, 2023
“Nevada received an 18% score, the lowest score in the nation for protecting religious freedom. Like several other states, Nevada has a Blaine Amendment which prohibits public funds from going to religious schools, and no Religious Freedom Restoration Act, lowering its score,” according to Fox News.
“Michigan’s regulatory laws burdened faith-based nonprofits the most of any state in the nation according to the report. The deep blue state earned a 39% score, while Oregon received the highest score for regulatory freedom at 90%,” the media outlet reported.
The study seems curious for hitting a deeply religious state like Utah and condoning an oppressive one like Oregon.
Missouri, Iowa, Wyoming, Montana, and Indiana also were given high scores for regulatory freedom.
Freedom is good
— SVEIKAS (@SVEIKAS8) June 14, 2023
Beecher asserts that the report highlights an “opportunity” for states to make protecting religious freedom a priority.
“So we don’t want to go in with this attitude of guilty until proven innocent,” she noted.
She called for states to work together with nonprofits and clarify laws to make religious protections unambiguous.
“We’re in an era of problems, we’re in an era of division, and faith-based nonprofits offer solutions,” Beecher proclaimed.
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