Religious
Freedom
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Arkansas |
HB 1228 |
Enacts the Conscience Protection Act; provides remedies and penalties for violating or abusing religious protections; declares an emergency. |
Arkansas |
SB 975; Signed by Governor 4/3/2015 |
Amends Arkansas law concerning the free exercise of religion; enacts the religious freedom restoration act; declares an emergency. |
Colorado |
HB 1171 |
Concerns a state freedom of conscience protection act. |
Georgia |
HB 29 |
Relates to state government; provides for the preservation of religious freedom; provides for a short title; provides for findings; provides for definitions; provides for penalties; provides for the granting of relief; repeals conflicting laws. |
Georgia |
HB 218 |
Relates to state government; provides for the preservation of religious freedom; provides for the granting of relief; provides for definitions; provides for a short title; provides for findings; provides for an effective date; repeals conflicting laws. |
Georgia |
SB 129 |
Relates to state government; provides for the preservation of religious freedom; provides for legislative findings; provides for definitions; provides for the granting of relief; provides for a short title; provides for an effective date; repeals conflicting laws. |
Hawaii |
HB 1160 |
Prohibits the State or any county from burdening any person's right to exercise religion absent that burden being the least restrictive means of furthering a compelling governmental interest. |
Indiana |
HB 1632 |
Provides that a state or local government action may not substantially burden a person's right to the exercise of religion unless it is demonstrated that applying the burden to the person's exercise of religion is essential to further a compelling governmental interest, and the least restrictive means of furthering the compelling governmental interest. |
Indiana |
SB 101; Signed by Governor 3/26/2015 |
Prohibits a governmental entity from substantially burdening a person's exercise of religion unless the governmental entity can demonstrate that the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering the compelling governmental interest; provides a procedure for remedying a violation; specifies that the religious freedom law applies to the implementation or application of a law. |
Indiana |
SB 50; Signed by Governor 4/2/2015 |
Indicates that the law related to adjudicating a claim or defense that a state or local law, ordinance, or other action substantially burdens the exercise of religion of a person: (1) does not authorize a provider to refuse to offer or provide services, facilities, use of public accommodations, goods, employment, or housing to any member or members of the general public; (2) does not establish a defense to a civil action or criminal prosecution for refusal by a provider to offer or provide services, facilities, use of public accommodations, goods, employment, or housing to any member or members of the general public; and (3) does not negate any rights available under the Constitution of the State of Indiana. Defines the term provider. |
Indiana |
SB 568 |
Provides that a state or local government action may not substantially burden a person's right to the exercise of religion unless it is demonstrated that applying the burden to the person's exercise of religion is essential to further a compelling governmental interest, and the least restrictive means of furthering the compelling governmental interest. |
Maine |
SB 485 |
Enacts the Preservation of Religious Freedom Act. |
Michigan |
SB 4 |
Creates Michigan religious freedom restoration act. |
Montana |
HB 615; Failed |
Revises laws related to the fundamental rights under the constitution; relates to constitutional amendment proposals.Creates the Montana Religious Freedom Restoration Act |
Nevada |
AB 277 |
Prohibits state action from substantially burdening a person's exercise of religion under certain circumstances. |
Nevada |
SB 272 |
Prohibits state action from substantially burdening a person's exercise of religion under certain circumstances. |
North Carolina |
HB 348 |
Enacts the Religious Freedom Restoration Act. |
North Carolina |
SB 550 |
Enacts the North Carolina religious freedom restoration act. |
Oklahoma |
HB 1371 |
Relates to the Oklahoma Religious Freedom Act; relates to definitions; adds certain definition; prohibits state or subdivision from making certain claim under certain action; provides for codification; provides an effective date. |
Oklahoma |
SB 440 |
Relates to the Oklahoma Religious Freedom Act; relates to definitions and burden upon free exercise of religion; modifies definitions; authorizes certain action; authorizes certain relief; provides an effective date. |
Oklahoma |
SB 610 |
Relates to discrimination; relates to the Oklahoma Religious Freedom Act; provides an effective date. |
Oklahoma |
SB 723 |
Relates to the Oklahoma Religious Freedom Act; relates to definitions and burden upon free exercise of religion; modifies definitions; authorizes certain action; authorizes certain relief; provides an effective date. |
South Carolina |
SB 127 |
Relates to the South Carolina Religious Freedom Act; prohibits restrictions on the free exercise of speech or religion during the course of any locality, municipality, county, or other state instrumentality proceeding in violation of the first amendment of the United States or Article I, Section 2 of the Constitution of South Carolina. |
South Dakota |
HB 1220; Failed - Adjourned |
Provides for the free exercise of religion and to declare an emergency. |
Texas |
HJR 55 |
Proposes a constitutional amendment relating to the free exercise of religion; provides that the state, a county, municipality, political subdivision or agency may not burden a person's free exercise of religion unless necessary to further a compelling governmental interest and is the least restrictive means; provides that a homeowners' association may not burden a person's free exercise of religion unless necessary to further a compelling quasi-governmental interest of the homeowners' association. |
Texas |
HJR 125 |
Proposes a constitutional amendment relating to a person's free exercise of religion. |
Texas |
SJR 10 |
Proposes a constitutional amendment relating to a person's free exercise of religion. |
Utah |
HB 66; Failed |
Relates to religious freedom; affirms a person's religious freedom to act within the confines of the person's religious beliefs. |
Utah |
HB 322; Failed |
Adds religious liberty to the list of exceptions in the Governmental Immunity Act; establishes the Religious Liberty Act; declares the Act is in furtherance of the rights and protections under the United States and State constitutions; coordinates the application of this bill to other statutory provisions; permits a person or entity seeking relief under the Act to obtain judicial relief, attorney fees, and costs for violations of a person's religious liberty. |
Utah |
HJR 5; Failed |
Relates to the protection of religious rights; proposes to amend the Utah Constitution to enact a provision relating to religious rights. |
West Virginia |
HB 2508; Failed - Adjourned |
Creates the West Virginia Freedom of Conscience Protection Act |
West Virginia |
HB 2830; Failed - Adjourned |
Concerns the West Virginia Freedom of Conscience Protection Act. |
West Virginia |
SB 487; Failed - Adjourned |
Creates Freedom of Conscience Protection Act. |
Wyoming |
HB 83; Failed |
Relates to religious freedom; creates a Religious Freedom Restoration Act; provides definitions; limits specified governmental actions that burden religious freedom as specified; authorizes claims and defenses against governmental action that burden religious freedom; provides for severability of the act. |
Source: www.ncsl.org/research/civil-and-criminal-justice/2015-state-rfra-legislation.aspx |
Religious Freedom Restoration Acts
Introduced in 16 states: AR, CO, GA, HI, IN, MI, MT, NV,
NC, OK, SC, SD, TX, UT, WV and WY. Passed at least on
chamber in AR, GA and WY. Enacted in IN
ARKANSAS: In April, the House recalled from the Governors desk a bill that would prohibit the government from burdening a persons exercise of religion, unless the state can demonstrate that the policy is essential to a compelling governmental interest and that it is designed to be the least restrictive on the exercise of religion. The legislature allowed the measure to die when they adjourned their session.
GEORGIA: In March, the Senate approved a bill that would prohibit the government from substantially burdening a persons exercise of religion, unless the state can demonstrate that the policy represents a compelling governmental interest and that it is designed to be the least restrictive on the exercise of religion. The measure awaits action in the House.
(ENACTED) INDIANA: In March, the House passed and Gov. Mike Pence (R) approved a measure that would prohibit the government from substantially burdening a persons exercise of religion, unless the state can demonstrate that the policy represents a compelling governmental interest and that it is designed to be the least restrictive on the exercise of religion. Following controversy that the measure could be used to discriminate, the Governor sent the bill back to the legislature for clarification and amendment.
WYOMING: In February, the Senate approved a measure that
would prohibit the government from substantially
burdening a persons exercise of religion unless
the state can demonstrate that the policy represents a
compelling governmental interest and that it is
designed to be the "least restrictive" on the exercise of
religion. The measure awaits action by the Senate.
When religious liberty
demands cease to be legitimate
All of us have been watching news reports of contentious legal claims unfolding almost every day across America. From North Carolina to Mississippi and lots of other places in between, the stories vary in theme from contraception mandates to wedding cakes to who gets to use the bathroom where.
So perhaps religious liberty was on my mind a few weeks ago in the abstract, of course when I found myself traveling from Germany to New York. I boarded a huge airliner with hundreds of other people and settled in for an eight-hour trans-Atlantic flight. Exhausted after a long week, before I got on the plane I stood in line at the customer service desk and purchased an upgrade to a special seat in premium economy. It was more money than I wanted to spend, but at least I had a little more room to stretch my legs, and the seat was on the bulkhead!
As I found my seat I began to notice that almost all my fellow passengers were men, all dressed alike, obviously part of a very observant religious group. The man sitting next to me, in fact, was a member of the group. I said hello and began settling in for the flight. But just as Id begun buckling my seat belt, my seat partner signaled for the flight attendant and explained to him that I would need to be moved to another seat; his religious freedom, he said, was violated by my presence, as his religion does not allow him to sit next to a woman who is not his wife.
I had so many thoughts in that moment.
Over the course of the flight several other issues came up in the cabin, each resulting in loud disagreements about religious freedom; they were issues related to other folks and their seatmates, food that didnt meet religious standards, and the need to deal with solely male flight attendants. The end result was a noisy, contentious, and anxiety-ridden eight hours. Definitely not worth the upgrade fee, let me tell you.
It was such a strange turnabout, a moment when the abstract suddenly became painfully personal. I could see the leader of the religious group just a few seats over, and I wanted to go talk to him and say something like, Listen, I get it. Im a person of faith too, and I understand that it can be really difficult to hold beliefs that are counter to the culture around you. But trying to force everybody around you to conform to your view of the world is just as bad as the rest of the world trying to force you to conform to it.
Religious freedom is just that: freedom. Note that we dont call it religious comfort. In other words, yes, government should protect my right to practice my religion, but its not societys obligation to make that practice easy or carefree. If your faith prevents you from sitting on an airplane next to a woman who isnt your wife, then move to another seat. If your faith tells you you cant go to the same bathroom with some people, then figure out how to order your life so that you use the bathroom in a place that seems appropriate for you. If your faith tells you you cant sell wedding cakes to certain people, dont go into the business of selling wedding cakes.
Im a Baptist; Im all for religious liberty. Many of my religious forebears have died to defend it, in fact. But the behavior I saw on the plane last week was not a legitimate demand for religious liberty, and neither are laws dictating where people can use the bathroom and whom I can refuse to serve in my business. All of those claims, in fact, make a mockery of the sacrifice of so many by twisting the ideals of religious liberty and using them to discriminate against others.
Faith requires sacrifice. And, frankly, if our faith causes us to feel so much conviction about the issues confronting us, then perhaps we should find a way to manage the inconvenience of making that sacrifice instead of trampling the rights of others.
Seriously.
Source: baptistnews.com/2016/04/19/when-religious-liberty-demands-cease-to-be-legitimate/
Fanaticism consists in redoubling your efforts when you have forgotten your aim. - George Santayana
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