Tag: RFRA

No Longer RFRA, What You Need to Know About W.Va.'s Religious Freedom Protection Act

More than two weeks after it was approved by the House of Delegates, senators are beginning to move on a bill that would codify a judicial standard for cases where plaintiffs argue the government has infringed on their religious freedoms. 

On first reading in the Senate on Monday, House Bill 4012 has seen some changes since it was approved in the House Feb. 11.

House Bill 4012 is no longer titled the West Virginia Religious Freedom Restoration Act, but instead has been changed to the West Virginia Religious Freedom Protection Act.

“It’s not restoration act here in West Virginia because we have nothing to restore,” Senate Judiciary Chair Charles Trump said of his committee’s version of the bill.

“The strict scrutiny and compelling state interest test that is in RFRAs that have been enacted in other states and the federal level did not have to be restored in West Virginia [because] that was our law under the Constitution and the cases that have been decided [here].” 

Trump said the bill does maintain it’s sole purpose, “to codify the test under which courts are required to evaluate case[s]” where someone claims their religious freedoms are being “substantially burdened” by government action, but the committee has included what Trump calls “necessary changes.”

Other changes the committee approved Friday include:

  • A more narrow definition of “substantially burdened”
  • An award of injunctive relief and no allowance for an award of attorneys fees and court costs for a plaintiff
  • Added language to protect churches and clerics who refuse to perform a service or ceremony or refuse to recognize a marriage that is contrary to their faith
  • Added language to make it more clear that the bill cannot be used as a tool to discriminate 

“I endeavored to make it clear as we possible could that we are not saying religious rights trump everything else. We’re not saying other rights are exempt from any trumping by religious rights or religious freedoms,” Trump said. “We are trying to give the courts the mechanism by which they determine a balance on a case by case basis.”
Those opposed to the bill still believe the language is not enough to prevent discrimination should the bill become law, but some senators have expressed support for the House version and dissatisfaction with the committee amendments. 

The bill is scheduled for a vote Wednesday.

As Senate Committee Takes Up RFRA, Some Senators Unsure of Vote

Members of the Senate Judiciary Committee took up the West Virginia Religious Freedom Restoration Act for the first time Friday evening, more than two weeks after the House of Delegates approved the legislation.

As anticipated by some members of the body, the committee began considering a strike and insert amendment, replacing the House version of the bill with new provisions, but before the proposed changes were even handed to lawmakers, some members of the chamber were unsure of how they would vote on the final version.

“I probably would not be able to vote for it the way it stands now, ” Republican Sen. Chris Walters said of the bill Friday morning. “I don’t think that the Christian thing to do is to discriminate in the name of God and, the way the bill is written right now, I’ve got concerns that may be what it can do.”

House Bill 4012 creates a judicial standard for lawsuits brought against the state when a person claims his or her religious freedoms have been violated. Judges will be required to measure the sincerity of that belief when deciding cases.

Those opposed to the bill, though, worry it will allow for discrimination in the state. 

“I don’t think there’s anything in there that causes discrimination,” Democratic Sen. Art Kirkendoll said of the House version early Friday. Kirkendoll supports the RFRA bill saying he represents an extremely religious region of the state and  his constituents heavily favor the law. 

The Senate Judiciary Committee took up a new version of the bill Friday evening, but before seeing the changes, Kirkendoll said he’d prefer to see the bill stay the same.

Walters on the other hand wanted to see amendments that specifically state the law cannot be used to discriminate, like a similar law in Texas, or protections for municipalities that enact non-discrimination ordinances.

The Republican majority has largely backed the measure, but the party has only a two vote lead in the chamber. The bill is expected to be up for a vote next week.

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/

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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