Tag: religious freedom restoration act

West Virginia Republicans Call For Bill That Would Limit Bathroom Use Based On Gender

West Virginia Republicans are doubling down on the transgender bathroom issue and other so-called religious freedom bills, despite the backlash in other states that passed similar laws.

The Charleston Gazette-Mail reports that the platform passed by delegates to the West Virginia GOP’s convention this summer affirmed support of the Religious Freedom Restoration Act and supported individuals using the locker room or bathroom corresponding to their genetic sex.

Two West Virginia lawmakers are pushing for the governor to call a special legislative session to pass a bill that would limit the bathrooms people could use based on their gender.

And while the Religious Freedom Restoration Act failed in the Senate last session, some West Virginia Republicans are hoping it makes another appearance.

W.Va. Clerk Condemns Lesbian Couple While Giving Them Marriage License. Would RFRA Protect This?

Samantha Brookover and Amanda Abramovich received more than a marriage certificate when they went to the courthouse in Gilmer County, W.Va.

Deputy Clerk Debbie Allen also gave them a piece of her mind.

The couple says Allen “for two to three minutes, yelled that what they were doing was wrong in her eyes and in God’s eyes and that no one in Gilmer County would ever marry them.” Allen eventually gave them the certificate.

According to the Charleston Gazette-Mail, Allen said she briefly and calmly told the couple what they were doing was wrong and that God would judge them, and then continued assisting them as she would other couples.

“I just told them my opinion,” she said. “I just felt led to do that. I believe God was standing with me and that’s just my religious belief.”

Should Allen be allowed to express her religious beliefs as she performs her job? Or is this unacceptable and unprofessional behavior?

Also, the West Virginia Legislature is debating the Religious Freedom Restoration Act. If this becomes law, would it provide protection for Allen and others who express their religious beliefs in similar situations?

Hear more on The Front Porch podcast.

Subscribe to “The Front Porch” podcast on iTunes or however you listen to podcasts.

An edited version of “The Front Porch” airs Fridays at 4:50 p.m. on West Virginia Public Broadcasting’s radio network, and the full version is available above.

Share your opinions with us about these issues, and let us know what you’d like us to discuss in the future. Send a tweet to @radiofinn or @wvpublicnews, or e-mail Scott at sfinn @ wvpublic.org

The Front Porch is underwritten by The Charleston Gazette Mail, providing both sides of the story on its two editorial pages. Check it out: http://www.wvgazettemail.com/

W.Va. House Approves Religious-Exemption Bill

A West Virginia religious-exemptions bill that opponents say would allow for discrimination has cleared the Republican-led House of Delegates.

Approved by Thursday’s 72-26 vote, the proposal would let people cite religious objections to state actions in certain court proceedings. It moves to the Senate. 
 

“Today, there are many people that say, that think freedom of religion is the same as freedom from religion; that we don’t want you to say the Pledge of Allegiance and include, ‘under God;’ that we don’t want you to put on your money, ‘in God we trust.’ There are those among us who are intolerant of those of us who hold those beliefs and cherish the connection we have to God and our religion in this country, and it’s those people that need to understand that we have rights, too, that we have rights, and the first among them is the right to express our religion, not just in church, but wherever we go and however we live.” – House Judiciary Chair, John Shott, R-Mercer County

 
Proponents say it protects freedoms to express religious beliefs, unless there’s a compelling state interest to restrict them.

Opponents say it sanctions discrimination, particularly targeting gay marriage.

Various business interests oppose it, from local chambers of commerce to Charleston’s Marriott hotel.

Republican Senate President Bill Cole called it a “tough one.” 

Reports say Indiana might have lost $60 million when groups opted against conventions in Indianapolis because of a similar law.

Citing Indiana, West Virginia Gov. Earl Ray Tomblin said he’d have to consider a veto.
 

Fireworks in the House Over RFRA Amendments

Four amendments for House Bill 4012, the West Virginia Religious Freedom Restoration Act, were debated on the House floor Wednesday morning. The bill creates a judicial test for lawsuits against the state or government entities to ensure the protections of an individual’s “sincerely held religious beliefs.”

Two of the amendments offered Wednesday by Democratic members of the body were ruled irrelevant and never made it to a vote.

Minority members took issue with House Speaker Tim Armstead’s ruling on the relevancy of one amendment in particular, claiming the speaker has consistently blocked Democratic amendments on the floor this session.

The Speaker, however, took issue with the claim and came down from the podium to address members of the chamber, something not often done in the chamber.

“Yes, we all have very strong feeling and emotions about certain things we debate on this floor,” Armstead said. “Yes, we feel strong that we should be able to have a particular issue brought in front of us. But there are rules to this process that we must follow, and follow those rules whether it’s an issue that we particularly feel passionate about or not.”

An amendment by Democrats Isaac Sponaugle and Mike Pushkin, however, was considered by the body.  Delegate Sponaugle explained the amendment protects local EDNHA ordinances, which prohibit discrimination in housing and employment based on sexual orientation and gender identity. 

House Judiciary Chair John Shott was against the change saying the intent of the bill is to protect West Virginians from an infringement on their rights by all levels of government, not just the state.

The Democratic amendment was voted down.

A final amendment to the bill, offered by Shott, was adopted that removes an individual’s ability to seek compensatory damages in a lawsuit filed under the proposed law. Those damages are meant to reward someone for the harm they experienced at the hands of the wrongdoer.

The Religious Freedom Restoration Act will be up for a final vote in the House Thursday.

House Committee Tweaks, Passes Religious Freedom Bill

In the House Judiciary Committee Wednesday morning, members took up House Bill 4012, the West Virginia Religious Freedom Restoration Act.

In its introduced version, this bill would ensure that, in all cases where state action substantially burdens the practice of a person’s religion, judges would be directed to apply strict scrutiny  in court procedures. The bill also provides a claim or defense to the person who felt they were wronged.

Members of the House Judiciary Committee took up a committee substitute of the bill that proposed some changes.

“The committee substitute basically intends to…put into law, the test that courts would apply in determining whether or not a person’s interest has been substantially burdened by an action of the state government,” noted House Judiciary Chairman, Delegate John Shott of Mercer County, “some agency of the state government, and it’s sort of a balancing test…the court has to weigh various factors in order to determine whether the action of the state agency or the state government is appropriate, or whether it violates the person’s rights under our state constitution.”

Those in opposition to this bill feel it would create a license to discriminate.

However, supporters say by having a standard or a system in place for court’s to follow; it would determine whether a claim stemmed from a sincere religious belief or not.

After hours of debate, the House Judiciary Committee passed the Religious Freedom Restoration Act 16 to 9. It now moves to the House floor for its consideration.

Religious Freedom or License to Discriminate?

Does the Religious Freedom Restoration Act protect religious expression, or allow people to discriminate against certain groups?

West Virginia’s legislature is debating the Religious Freedom Restoration Act. Supporters say it gives people a defense they can use in court if they opt out of objectionable activities.

Opponents say the act could lead to discrimination against gays, lesbians, Muslims and others.

On The Front Porch podcast, we debate RFRA, and what it may mean for West Virginians, including:

1. Would RFRA mean a pharmacist could legally refuse to fill a prescription for contraceptives?

2. What does RFRA mean for West Virginia’s “protected classes” – race, religion, sex, political belief, and age?

3. Does RFRA make discrimination more likely against groups not protected under state law – such as gays, lesbians, and transgendered people?

Subscribe to “The Front Porch” podcast on iTunes or however you listen to podcasts.

An edited version of “The Front Porch” airs Fridays at 4:50 p.m. on West Virginia Public Broadcasting’s radio network, and the full version is available above.

Share your opinions with us about these issues, and let us know what you’d like us to discuss in the future. Send a tweet to @radiofinn or @wvpublicnews, or e-mail Scott at sfinn @ wvpublic.org

The Front Porch is underwritten by The Charleston Gazette Mail, providing both sides of the story on its two editorial pages. Check it out: http://www.wvgazettemail.com/

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