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West Virginia’s “Equal Protection for Religion Act” is heading to the desk of Republican Gov. Jim Justice after moving through the legislature at lightning speed.
The bill, which is described as a tool to protect religious freedom by supporters and a “license to discriminate” by opponents, passed in the GOP-supermajority Senate 31-3 on Tuesday – the three nays came from the Senate’s only Democrats. The bill passed in the House of Delegates on Monday.
Before voting no, Democratic Sen. Mike Caputo of Marion County said he had “major, major, major concerns” about how quickly the bill moved through the legislature, according to The Associated Press, adding that measures typically have to be read multiple times on different days prior to voting.
“Quite frankly, I think this is hogwash, and I think the way this has been spun is disingenuous and upsetting,” Caputo said.
SUPREME COURT TAKES UP RELIGIOUS FREEDOM CASE INVOLVING POSTAL WORKER WHO REFUSED TO WORK ON SUNDAY
Republican West Virginia Del. Todd Kirby speaks in support of a bill that would create a test for courts to apply when people challenge government regulations they believe interfere with their constitutional right to religious freedom in the House of Delegates chamber of the state Capitol in Charleston, W.Va. (Perry Bennett/WV Legislative Photography via AP)
The bill states that the government would not be able to “substantially burden” someone’s constitutional right to freedom of religion unless doing so “in a particular situation is essential to further a compelling governmental interest.”
In cases where the government can prove to the courts there is a “compelling interest” to restrict that right, government officials must demonstrate religious freedoms are being infringed upon in “the least restrictive means” possible.
Supporters of the bill claim it is meant to protect all people against religious discrimination and is not aimed at any particular group, describing it as a “judicial test” for courts…
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