(The Lion) — Alabama and Kansas are the top two “most friendly” states toward religious nonprofit organizations, according to The Faith and Freedom Index, released by Napa Legal Institute on Monday.
“Each year, the Faith and Freedom Index reminds Americans not to rely on federal policy to make up for bad laws or weak protections remaining at the state level,” Napa Legal said in a press release.
“Despite a White House that is favorable to religious liberty, and a U.S. Supreme Court making progress in restoring robust First Amendment protections for religion, state and local issues remain critical for determining whether religious institutions can form, operate, and thrive.”
The Faith and Freedom Index doesn’t consider states’ “cultural or even administrative policy positions,” but instead focuses on laws primarily because of the “‘federalist’ system” of America, the report states.
“Religious and regulatory freedom protections are only as strong as the weakest link in these layers of protection,” the study explains. “Accordingly, the importance of understanding and monitoring state and local legal protections, remedies, and encroachments on religious freedom cannot be overstated.”
The Index considers 15 areas of state laws, from constitutional clauses and amendments to charity registration guidelines to audits to taxes. These 15 areas divide into two main categories: religious freedom and regulatory freedom.
“State law must be studied, state law protections and remedies must be pursued and developed, and state and local encroachments on religious freedom must be identified and resolved in order to protect the crucial work of religious organizations,” the report says.
While the report praises Alabama’s and Kansas’s respective scores of 72% and 69% as examples to other states for their laws that are “friendly to the work of religious organizations,” Massachusetts (37%), Michigan (31%), and Washington (35%) received the lowest ratings.
Additional high-scoring states include Indiana (68%), Mississippi (63%) and Texas (65%), while Illinois, Maryland and West Virginia all crept toward the “least friendly states” status, with scores of 38%.
The state ratings do not clearly associate with political affiliation, the report emphasizes.
“There are ‘blue states’ that have some important religious freedom and regulatory protections for faith-based nonprofits, as well as ‘red states’ that have much room for improvement,” the index finds.
Instead, one key aspect for every state is the existence of a Religious Freedom Restoration Act (RFRA), according to the report.
A RFRA is either a law or constitutional amendment that “protects religious freedom” if the government passes a law that would “burden religious exercise,” according to the report.
A RFRA is “one of the most important religious freedom protections for a faith-based nonprofit,” the report says, and thus, states without a RFRA receive a score of -5 for that.
“The lack of a state RFRA has serious consequences for religious freedom,” the report explains. “For example, many states have enacted provisions in their nondiscrimination laws concerning discrimination on the basis of sexual orientation and gender identity that conflict with the beliefs and practices of many religious organizations. In a state without state RFRA protections, the existence of such nondiscrimination laws can pose a significant danger to organizations with religious beliefs related to the nature of marriage and the human person.”
States can work to improve their ratings, especially if they lack RFRAs. Georgia and Wyoming both passed a RFRA this year and improved their overall score, according to the report.
“Every state that passes a law improving the religious liberty landscape for faith-based nonprofits is a victory for society,” the index states.
Napa Legal’s Senior Counsel and Director of Content Frank DeVito said the state-level focus of the study is essential to guarantee religious protections for all Americans, no matter the current federal administration. Ensuring state protections will keep many religious liberty court cases from ever surfacing, DeVito said.
“The many religious freedom attacks over the past few years are chilling reminders that without staunch state level protections for religious freedom, ordinary Americans will suffer, regardless of how supportive the current Administration may be,” DeVito said in the press release.
“From Catholic priests in Washington to concerned parents in Montgomery County, Maryland – incidents from two of the lowest scoring states on the 2025 Faith and Freedom Index – too many Americans have been forced to spend precious time and money litigating issues that should never have gone to court in the first place.”
He said the index should serve as a tool for state lawmakers to evaluate their states’ standing and strengthen laws and protections for religious liberty.
“We must seize this moment, especially given the current presidential administration and a Supreme Court that continues to champion religious freedom, to enact stalwart, enduring state protections that will protect the rights of Americans for generations to come,” DeVito said.