West Virginia, Utah pass laws to protect religious freedom
The governors of West Virginia and Utah have approved measures proponents say are designed to protect religious liberty and free speech, each of which secured bipartisan support from state lawmakers.
West Virginia's Republican Gov. Jim Justice signed Senate Bill 503 into law Friday. The legislation aims to protect "freedom of association and nondiscrimination against students and student organizations" on the campuses of public colleges and universities.
The bill was approved by the Republican-controlled West Virginia Senate in a 31-1 vote on Feb. 27. The legislation passed by the Republican-controlled House of Delegates in an 88-10 vote on March 9.
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Although primarily backed by Republicans, the legislation received varying degrees of bipartisan support in both chambers of the state legislature. Nearly all Senate Democrats joined Republicans in supporting the bill while all but two House Democrats voted against it.
The measure amends existing West Virginia law, which declares that "a state institution of higher education may not deny a religious, political, or ideological student organization which is open to all students any benefit or privilege made available to any other student organization by the state institution of higher education, or otherwise discriminate against an organization" based on "the expression of the organization."
Under the law, the protections in the West Virginia code are amended to eliminate the requirement that student organizations are "open to all students." The code is amended to prohibit discrimination against student organizations based on requirements "that the organization's leaders or members" either "affirm and adhere to the organization's sincerely held beliefs" or "comply with the organization's standards of conduct" or "further the organization's mission or purpose."
The legal organization Alliance Defending Freedom, which has argued several religious freedom cases successfully before the U.S. Supreme Court, praised Justice's approval of the bill in a statement released Friday.
"Universities should encourage freedom of speech and religion, not shut it down," said ADF Senior Counsel and Director of the ADF Center for Public Policy Matt Sharp. "That includes safeguarding the ability of belief-based student organizations to associate with those who align with the organization's mission and purpose."
"We wouldn't require a Democrat club to select a registered Republican as its president or an environmental club to admit members who support drilling in the Arctic," he added. "In the same way, religious clubs must remain free to require their leaders and members to adhere to their religious beliefs and values. This critical legislation specifically ensures that student groups at public universities can freely choose their leaders and members, and further their mission, absent of discrimination."
The measure comes as some Christian campus groups across the nation have been successful in their legal bids to stop universities from taking action against organizations that require leaders to be Christian and adhere to their statement of faith.
In Utah, Republican Gov. Spencer Cox approved Senate Bill 150 Thursday.
The legislation includes "Exercise of Religion Amendments" and recognizes "freedom of religion as a fundamental right." It is scheduled to take effect on May 1.
The bill passed the Republican-controlled House of Representatives and Republican-controlled Senate without opposition.
"A government entity or government action may substantially burden a person's free exercise of religion only if the government entity, or any other person seeking to enforce government action, demonstrates that the burden on the person's free exercise of religion" is both "essential to furthering a compelling government interest" and "the least restrictive means of furthering the compelling governmental interest."
The bill seeks to enshrine the protections of the federal Religious Freedom Restoration Act into state law.
Under the legislation, those who believe their "free exercise of religion" is burdened will be able to seek legal recourse in court.
However, a written notice outlining the alleged infringement on religious freedom and elaborating on its adverse impacts must precede any action brought against a government entity accused of violating the law.
Alliance Defending Freedom Legal Counsel Greg Chafuen released a statement Friday reacting favorably to the bill's approval.
"Citizens shouldn't be left defenseless when their government attempts to burden their ability to live and worship according to their faith. This law provides a sensible balancing test for courts to use when reviewing government policies that infringe upon the religious freedom rights of Utahans."
"The law doesn't determine who will win every disagreement, but it does ensure that every Utahan — regardless of their religious creed or political power — receives a fair hearing when a government action forces a person to violate his or her religious beliefs," he asserted. "We commend the Utah Legislature and Gov. Cox for enacting this important legislation and setting the stage to ensure that freedom of religion is protected for everyone."
As explained in a report compiled by First Liberty Institute last year profiling "Religious Liberty in the States," several states do not have a state version of the Religious Freedom Restoration Act in place. The states lacking such protections are Ohio, Washington, Maryland, Delaware, Hawaii, North Dakota, Maine, Minnesota, Georgia, Wisconsin, Massachusetts, Nevada, Iowa, Oregon, North Carolina, New Jersey, Michigan, Colorado, Wyoming, Nebraska, Alaska, New York, Vermont, California, New Hampshire and West Virginia.
Ryan Foley is a reporter for The Christian Post. He can be reached at: ryan.foley@christianpost.com
