From today's opinion in Blattert v. State, decided by the Indiana Court of Appeals (Judge Derek Molter, joined by Judges Patricia Riley & Margret Robb):
The State of Indiana charged Scott A. Blattert, Jr. with aggravated battery (Level 3 felony), strangulation (Level 6 felony), five counts of domestic battery resulting in bodily injury to a person less than fourteen years of age (Level 5 felony), and three counts of domestic battery resulting in moderate bodily injury (Level 6 felony). The charges were based on the allegation that Blattert repeatedly punished his children by beating and strangling them. He claims a defense under Indiana's Religious Freedom Restoration Act ("RFRA"), which provides a defense to criminal prosecutions that substantially burden religious exercise unless the State shows the prosecutions are the least restrictive means of furthering a compelling governmental interest….
Blattert contends he satisfied his prima facie burden [under RFRA] by testifying he belongs to the Ellettsville Church of Christ; that his church relies on biblical teachings for religious instruction on how to live one's life; that he must follow God's commands as conveyed through the Bible; and that those commands include physically punishing his children as he sees fit. He argues the conduct the State alleges—punching his children in the face, striking their heads with his elbow, and choking them—all falls within the authority God commands him to exercise, and by prosecuting him the State is burdening his sincerely held religious beliefs. Because we can decide this case on other grounds, we assume, without deciding, that Blattert's testimony satisfies his prima facie burden to establish the State is substantially burdening his religious exercise….
The burden then shifts to the State to show this prosecution is the least restrictive means to further a compelling interest. Blattert contends these are questions for the jury to decide, but he is mistaken. Whether the State's interest is sufficiently compelling and whether the State has chosen the least restrictive means to further that interest are purely legal issues for the court to decide.…
