Wyoming may soon join 28 other states in passing a state-level Religious Freedom Restoration Act (RFRA) designed to protect individuals’ and corporations’ rights to religious exercise and observance from government interference, Casper Star-Tribune reports.
House Bill 207, titled “Religious Freedom Restoration Act,” passed the House Judiciary Committee on Monday and is now set to proceed to the House floor for further debate and voting.
The RFRA aims to ensure that state actions do not “burden” a person’s ability to exercise their religion, even if state laws apply generally. However, the bill allows for exemptions in cases where a state law serves a “compelling governmental interest” and is implemented in the least restrictive manner possible. This bill closely follows the definitions of “burden,” “exercise of religion,” and “person” as seen in other state-level RFRAs, according to the bill’s sponsor, Rep. Art Washut, R-Casper.
Since the passage of the federal Religious Freedom Restoration Act in 1993, the US Supreme Court ruled in City of Boerne v. Flores that Congress could not extend such religious exemptions to state and local laws. In the years since, 28 states have enacted similar RFRA laws, and nine other states have effectively done so through their court systems.
While this is not the first time an RFRA bill has been introduced in Wyoming, this new bill aims to establish clearer protections for religious freedom. Washut, who chairs the House Judiciary Committee, emphasized the importance of safeguarding religious practices from government intervention. The bill has appeared in previous legislative sessions, though it has not passed in the past.
Opponents of the bill raised concerns over the inclusion of corporations in the definition of “person.” Rep. Ken Chestek, D-Laramie, questioned whether a corporation could have religious beliefs and how that could affect real-world scenarios. For example, he inquired whether a government employee could refuse a task, like issuing a marriage license to a same-sex couple, based on their religious beliefs. Greg Chafuen, Senior Counsel for the conservative legal group Alliance Defending Freedom, responded that the bill does not determine specific outcomes but would give individuals the opportunity to present their case in court if they believe their religious rights are being infringed.
Supporters of the bill argue that it would not result in widespread denial of services. Chafuen mentioned that in states with RFRA laws, if a clerk had religious objections to issuing a marriage license to a same-sex couple, the couple would simply be directed to another clerk. Washut added that the bill simply sets the standard for how cases would be evaluated by the judiciary, not how they should be decided.
During the committee meeting, Wyoming Equality Executive Director Sara Burlingame advocated for an amendment to prevent discrimination against LGBTQ individuals under the bill. However, Washut maintained that such an amendment was unnecessary, clarifying that the bill merely changes the legal standard for evaluating religious freedom cases.
The bill passed the committee with a vote of 8-1, with Rep. Chestek being the only “no” vote. While Chestek voiced support for religious freedom, he expressed concerns that the bill could blur the line between church and state, potentially allowing individuals to use the Free Exercise Clause to infringe upon the rights of others.
HB 207 will now move to the House floor for additional debate, where lawmakers will have further opportunity to discuss and vote on its provisions.
