House Bill 3233/Senate Bill 638: West Virginia Religious Freedom Restoration Act

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Last Updated: July 13, 2010
House Bill 3233/Senate Bill 638: West Virginia Religious Freedom Restoration Act
House Senate
Sponsors:
Representatives Miley, Campbell, Shook, Wooton, Hamilton, and Ellem
Sponsors:
Senators Kessler and Chafin
Summary:

If passed, HB 3233 would prohibit the government from substantially burdening a person's exercise of religion unless it demonstrated that such a burden is essential to further a compelling governmental interest and it is the least restrictive means of furthering that interest.

Summary:

same as House Summary

Status:

1/13/2010 (House) Introduced and referred to Judiciary Committee
This bill did not pass.

Status:

2/22/2010 (Senate) Introduced and referred to the Judiciary Committee
This bill did not pass.

HSLDA's Position:
Support.
HSLDA's Position:
Support.
Action Requested:
None at this time
Action Requested:
None at this time
Background:

On June 25, 1997, by a 6-3 majority, the U.S. Supreme Court ruled in The City of Boerne v. Flores (case name in italics) 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. Under this minimal standard, the state can override a citizen’s right to freely exercise his or her religious beliefs by simply proving that its regulation is “reasonable.” Since nearly all state regulations can be determined to be “reasonable,” religious freedom is exceedingly limited.

Background:

see House Background

 Other Resources

House Bill Text

House Bill History

 Other Resources

Senate Bill Text

Senate Bill History