Religious Freedom Restoration Act perils provides the most comprehensive information for the public, media and scholars about the RFRA culture war. RFRAs do not protect First Amendment freedoms. They are extreme, statutory versions of our constitutional rights.
Who needs lawmakers when believers can make their own law through RFRA?
Home of a storied women’s basketball program. CT RFRA not as extreme as Indiana’s. First state to boycott Indiana
List of powerful RFRA opponents grows
State of play in active RFRA suits
This + plus Apple + NCAA should put fear in hearts of legislators/governors in every state
Should also motivate the NFL and MLB and Coke to come forward in Atlanta, GA and do the right thing Threatened backlash is real.
NCAA should deliver a message to Arkansas– it has a huge presence in U. Arkansas Razorbacks: many of its teams recruit student athletes from across the country. It also hosts student athletes from all over, who stay in hotels that could discriminate if Arakansas “Conscience Protection Act” is signed.
Yet another voice against state RFRA
University presidents speak out against RFRA
Religious ‘Freedom’ Act actually promotes oppression
Seattle Mayor Prohibits City Employees From Traveling to Indiana
NBA, Pacers issue statement in response to Indiana’s Religious Freedom Restoration Act law
Passed in 2015
Indiana - Religious Freedom Restoration Act (H.B. 568 & S.B. 1632)
Pending RFRA Bills
1. Introduced Religious Freedom Legislation:Arkansas - Conscience Protection Act (H.B. 1228)
Georgia - Preventing Government Overreach on Religious Expression Act (H.B. 29 & H.B. 218)
Hawaii - Freedom of Religion; Rights (H.B. 1160)
Michigan - Religious Freedom Restoration Act (S.B. 0004)
Utah - Religious Freedom Restoration Act (H. R. 5) - constitutional amendment
Wyoming - Religious Freedom Restoration Act (H.B. 0083)
2. Bills Introduced to Increase Enacted State RFRA ProtectionMissouri - Student Freedom of Association Act (H.B. 104)
Oklahoma - Oklahoma Religious Freedom Restoration Act (S.B. 440)
Texas - replace “substantial burden” with “any burden” and make the RFRA a state constitutional amendment, not a statute as it currently is. (HJR 55 and SJR 10)
Bills Intended to Aid Discrimination Against LGBTQ Without Consequences:
1. Religious Exemptions for Govt Workers Performing/Providing Licenses to Same-sex MarriagesNorth Carolina – allow magistrates and employees of county registers of deeds offices to refuse to perform marriages or issue licenses due to religious objections (S.B. 2)
Oklahoma – deleting issuance of marriage licenses; providing for marriage certificates and affidavits of common law marriage (H.B. 1125)
South Carolina – No person employed by a judge of probate or clerk of court shall be required to take any action related to the issuance of a marriage license to a same sex couple if the objection to taking such action is based upon a sincerely held religious belief, to provide that there will be no liability for damages arising from such refusal, to prohibit dismissal, suspension, demotion, discipline or discrimination by the judge of probate or the clerk of court against the employee for such refusal, an to provide for a civil action for damages or reinstatement of employment, or both, where employment has been altered or terminated in violation of section. (S.116)
Utah – right to refuse to solemnize a marriage if it violates a person’s sincerely held religious beliefs
Virginia – Amends State Constitution; Provides that a person shall not be required to perform, assist, consent to, or participate in any action or refrain from performing, assisting, consenting to, or participating in any action as a condition of obtaining or renewing a government-issued license, registration, or certificate where such condition would violate the religious or moral convictions of such person with respect to same-sex marriage or homosexual behavior (H.B. 1414)
Wyoming – religious officials shall not be required to perform a marriage ceremony (H.B. 0026)
2. Religious Exemption in State and Local Contracts Intended to Permit Discrimination by Contractors Against LGBTQIndiana – Religious Exemption in State and Local Contracts (S.B. 127)
Virginia – prevent any public entity from requiring its contractors to abide by non-discrimination policies that are more inclusive than the state law (H.B. 1409)
3. Exemption for Religious Student Groups in Public Schools from Being Bound by Anti-discrimination Policies (Particularly those Protecting LGBTQ)
Colorado – prohibit public institutions of higher education from denying a religious student group a benefit solely based on the group’s requirement that its leaders adhere to religious beliefs or a standard of conduct (H.B. 1037)
Mississippi — prohibit a state higher education institution from refusing to grant recognition to a religious student organization on the basis of the relig ious content of the group’s speech or from conducting internal affairs (H.B. 858)
Missouri – prohibit institutions of higher education from denying benefits or discriminating against religious student associations from requiring leaders to adhere to the association’s beliefs or comply with standards of conduct (H.B. 104 & S.B. 248)
4. Banning Taxpayer Funds for Support of Same-Sex Marriage
South Carolina – prohibit the use of taxpayer funds or government salaries for paying for an activity that includes licensing or support of same-sex marriage (H.N. 3032)
Texas – prohibit taxpayer funds from being used to license or support same-sex marriage (H.B. 623)
This edition includes Professor Marci A. Hamilton’s widely-anticipated discussion of the Supreme Court’s 2014 Hobby Lobby decision.
Available in Hardcover, Paperback and Kindle.
Popular Religious Freedom Restoration Act Resources by Professor Marci A. Hamilton
- Top Ten “Reasons to Repeal the RFRA”
- What’s Really Wrong With the Decisions in Burwell v. Hobby Lobby and Conestoga Wood v. Burwell?
- Professor Marci A. Hamilton’s widely discussed Hobby Lobby Amicus Brief.
Religious Freedom Restoration Act perils
Professor Marci A. Hamilton
- State RFRAs
- Prisons and Holt v. Hobbs
- God vs. the Gavel