HB322 Could Mean Freedom of Religion Trumps All
The Salt Lake Tribune is reporting that an analysis of Rep. LaVar Christensen’s House Bill 322, being voted on by the House Today, says that the measure could allow people of faith to sue other individuals for infringing on their beliefs, and has the potential to elevate freedom of religion above other constitutionally protected rights.
”The proposed act may be subject to challenge in court because it expands religious protections to an extent not currently recognized by the courts,” wrote legislative attorney Eric Weeks in the memo obtained by The Tribune. ”Consequently, it is impossible to effectively evaluate its constitutionality or its practical effect on the balance between civil rights and the free exercise of religion.”
Marina Lowe, staff attorney for the American Civil Liberties Union of Utah, said Christensen’s bill “goes to a whole different level” than has been seen nationally.
“What it means is, essentially religion is always going to prevail in any suit against discrimination, it’s always going to win, even in cases that might affect public safety except in very rare circumstances,” she said.
“No one has seen anyone like this before in terms of its breadth,” she said. Legislative leaders were not embracing Christensen’s bill Thursday, saying it is merely one of several proposals now on the table.
While most proposals have only sought to limit government actions that might impair religious liberties, HB322 is unique because it explicitly restricts actions by individuals and private entities that might impact another’s religious beliefs.
In essence, Christensen’s bill would allow a person of faith to sue another person or business if the religious person contends his or her beliefs have been burdened. And the religious party would win the suit and be awarded damages unless the defendants could very clearly establish that the actions they are accused of taking were the only options available to prevent a grave risk to public health and safety.
HB322 would also significantly expand what constitutes a burden on an individual’s religious beliefs, in a way that “potentially extends religious freedom protections to arenas of public commerce, property, individual freedoms, and fundamental rights that have not traditionally been subject to religious exercise exemptions in this manner,” the analysis said.
Gov. Gary Herbert said he believes the Legislature can strike an appropriate balance between protecting religious liberties and preventing discrimination against LGBT Utahns — and believes the two must be part of a package.
“I would be very disappointed if I had a bill for religious freedom that did not include anti-discrimination and whether that rises to the level of a veto, we would need to see, but I’d be very unhappy,” Herbert said.
