The Republican-controlled House of Delegates in West Virginia recently passed a bill, the Religious Freedom Restoration Act, that provides a judicial test for interpreting laws that may interfere with a person’s constitutional right to religious freedom. The legislation has faced criticism from Democrats who believe it could be used as a tool to discriminate against LGBTQ individuals and other marginalized groups. While supporters of the bill, including Republican Del. Todd Kirby, claim that the law only provides a judicial test, Democrats argue that it could potentially be used to overturn West Virginia’s strict vaccine requirements.
Kirby, a Christian lawmaker, provided examples of instances where he believes the government has infringed on residents’ religious rights, including vaccination requirements and public school curriculum. He expressed concern that teachers are being forced to promote “transgenderism” and “homosexuality” in classrooms, which he views as part of a larger agenda to undermine traditional families.
The bill stipulates that the government would not be able to substantially burden someone’s constitutional right to freedom of religion unless doing so 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 that religious freedoms are being infringed upon in “the least restrictive means” possible.
Opponents of the bill, including the American Civil Liberties Union of West Virginia, argue that similar laws passed in other states have been used to circumvent laws that require fair and equal treatment. The bill also faces criticism for not protecting nondiscrimination laws or ordinances that protect LGBTQ groups and residents.
