====================================================================== From the HSLDA E-lert Service... ======================================================================
West Virginia--Calls Needed Now to Protect Religious Freedom
Dear HSLDA Members and Friends, In 1997, U.S. Supreme Court flip-flopped and dramatically lowered the level of protection available for religious freedom. House Bill 3233, filed March 19, would restore the same protection that existed before the Court's lamentable decision. Because of the 1997 Supreme Court decision, religious freedom cannot be restored to the whole nation at once--it must be done on a state-by-state basis. More than a dozen states have already done so. West Virginia now has an opportunity to be added to the list of states with solid protection for religious freedom. We need your help! ACTION REQUESTED Please call 7 members of the House Judiciary and Senate Judiciary committees listed below. Your message can be as simple as "Please vote in favor of H.B. 3233, the Religious Freedom Restoration Act. It gives crucial protection to one of our most precious rights, the right to exercise one's religion freely."
It is not necessary to identify yourself as a homeschooler since protecting religious freedom crosses all boundaries. Time is short, so we need to work quickly.
CONTACT INFORMATION If your last name begins with A-D, call those in group 1. If it begins with E-H, call group 2. If it begins with I-L, call group 3. If it begins with M-P, call group 4. If Q-T, call group 5. Others call group 6. Senate Judiciary Group 1 Jeffrey Kessler - Chair Capitol Phone: (304) 357-7880 Michael Oliverio II Capitol Phone: (304) 357-7919 Richard Browning Capitol Phone: (304) 357-7807 H. Truman Chafin Capitol Phone: (304) 357-7808 Dan Foster Capitol Phone: (304) 357-7866 Evan H. Jenkins Capitol Phone: (304) 357-7956 William R. Laird Capitol Phone: (304) 357-7849 Group 2 Joseph M. Minard Capitol Phone: (304) 357-7904 Corey Palumbo Capitol Phone: (304) 357-7854 Herb Snyder Capitol Phone: (304) 357-7957 Ron Stollings Capitol Phone: (304) 357-7939 Bob Williams Capitol Phone: (304) 357-7995 Jack Yost Capitol Phone: (304) 357-7984 Clark S. Barnes Capitol Phone: (304) 357-7973 Group 3 Don Caruth Capitol Phone: (304) 357-7901 Frank Deem Capitol Phone: (304) 357-7970 Mike Hall Capitol Phone: (304) 357-7843
House Judiciary Group 3 (continued) Carrie Webster - Chair Capitol Phone: (304) 340-3252 Tim Miley Capitol Phone: (304) 340-3248 John N. Ellem Capitol Phone: (304) 340-3394 Patrick Lane Capitol Phone: (304) 340-3275 Group 4 Larry W. Barker Capitol Phone: (304) 340-3149 Bonnie Brown Capitol Phone: (304) 340-3106 Mike Caputo Capitol Phone: (304) 340-3249 Michael T. Ferro Capitol Phone: (304) 340-3111 Barbara Evans Fleischauer Capitol Phone: (304) 340-3169 John R. Frazier Capitol Phone: (304) 340-3396 Mark Hunt Capitol Phone: (304) 340-3392 Group 5 Tal Hutchins Capitol Phone: (304) 340-3270 Linda Longstreth Capitol Phone: (304) 340-3124 Harold Michael Capitol Phone: (304) 340-3340 Clif Moore Capitol Phone: (304) 340-3189 Alex J. Shook Capitol Phone: (304) 340-3173 Sally Susman Capitol Phone: (304) 340-3183 Robert C. Tabb Capitol Phone: (304) 340-3274 Group 6 Danny Wells Capitol Phone: (304) 340-3287 William R. Wooton Capitol Phone: (304) 340-3164 Bill Hamilton Capitol Phone: (304) 340-3167 John Overington Capitol Phone: (304) 340-3148 Robert A. Schadler Capitol Phone: (304) 340-3191 Patti Eagloski Schoen Capitol Phone: (304) 340-3141 Kelli Sobonya Capitol Phone: (304) 340-3175 BACKGROUND
On June 25, 1997, by a 6-3 majority, the U.S. Supreme Court ruled in The City of Boerne v. Flores that the 1993 federal Religious Freedom Restoration Act (RFRA) was unconstitutional. By doing this, the Court gave the lowest level of protection to religious liberty--one of the foundational freedoms of homeschooling. Under this minimal standard, the state can override a homeschooler's or other citizen's right to freely exercise his religious beliefs merely by proving that its regulation is "reasonable." Since nearly all state regulations can be determined to be "reasonable," Christians will lose.
Since the devastating U.S. Supreme Court Boerne decision, state and federal courts across the country have diminished religious freedom in many ways. For example:
> The long-standing practice of pastor-laity confidentiality has been repeatedly violated;
> There have been conflicts with zoning ordinances, such as the forced termination of a church ministry to the homeless because it was located on the second floor of a building with no elevator; and
> A church was prohibited from feeding more than 50 people per day.
Passage of H.B. 3233 will raise the standard of protection for religious freedom in West Virginia for individuals, homeschool parents, churches, and all who desire to freely exercise their religious beliefs.
If passed, the West Virginia RFRA will restore the high standard of protection for religious liberty previously guaranteed in the federal RFRA and earlier Supreme Court decisions. Under the West Virginia RFRA, if an individual's religious belief is in conflict with a state regulation, the state will have to prove, with evidence, that its regulation is essential to fulfill a compelling state interest and is the least restrictive means of doing so. If the state fails to carry the burden, the regulation must give way to the individual's religious freedom. Restoring this protection for religious freedom will simply "even the playing field."
In a somewhat ironic twist, Congress passed a law giving this higher level of protection--to prisoners! Prisoners now have greater protection for their religious liberty than you do. This must be changed.
For a more detailed information on Religious Freedom Restoration Acts, visit our website at: http://www.hslda.org/elink.asp?id=3691 .
Don't let one decision by the U.S. Supreme Court denigrate this priceless inalienable right. Support the West Virginia RFRA!
Sincerely Yours,
Scott A. Woodruff
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