In theory it seems so. But this is only the case if the federal government is not establishing from above affirmative rights that impose duties on religious people. Of course, once a state is itself active in a space, there is no way to argue that a lack of accommodation for religious exercise concerns is consistent with a safeguard.  Thus, when a state lacks an explicit safeguard in an area, our coding of the relevant items carefully considers the federal context and the scope of the state’s action before determining whether the lack of an explicit protection is putting religious liberty at risk or not. Table 3 puts these two dimensions—federal influence and state action—together for our six groups.