Use quotes to search for exact phrases. Use AND/OR/NOT between keywords or phrases for more precise search results.

West Virginia Freedom of Conscience Protection Act (SB 93)

This law was last updated on Sep 6, 2018


This law is Anti–LGBTQ

State

West Virginia

Number

SB 93

Status

Failed to Pass

Proposed

Jan 10, 2018

Topics

Conscience and Refusal Clauses, LGBTQ, Religious Freedom, RFRA

Full Bill Text

www.wvlegislature.gov

SB 93 would prohibit the state from burdening a person’s right to exercise religion even if the burden results from a rule of general applicability unless the state demonstrates that application of the burden to the person is in furtherance of a compelling governmental interest, and is the least restrictive means of furthering that compelling governmental interest.

The law states that a person whose religious freedom has been burdened in violation of the law may assert that violation as a claim or defense in a judicial, administrative, or other proceeding and obtain appropriate relief against the state or a political subdivision of the state.

The law does not allow religious freedom to be raised as a defense in lawsuits between private citizens and therefore tracks the federal RFRA.


Related Legislation

Identical to SB 19, which failed to pass during the 2017 legislative session.

Similar to SB 11 and HB 4012, both of which failed to pass in 2016.


People

Primary Sponsor