West Virginia Freedom of Conscience Protection Act (SB 93)
This law was last updated on Sep 6, 2018
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.
Identical to SB 19, which failed to pass during the 2017 legislative session.