Youngstown Daily Legal News

Religious freedom law sought

TIFFANY L. PARKS
Special to the Legal News
Published: January 10, 2014

A pair of lawmakers from Oxford and Cleveland have partnered to introduced a bill into the Ohio General Assembly that would prevent any laws that “substantially burden a person’s free exercise of religion.”

House Bill 376, known as the Ohio Religious Freedom Restoration Act, defines “burden” as any action that directly or indirectly constrains, inhibits, curtails or denies the exercise of religion by any person or compels any action contrary to a person’s exercise of religion. It includes, but is not limited to, withholding benefits, assessing criminal, civil or administrative penalties, exclusion from governmental programs or access to governmental facilities.

The proposed legislation, sponsored by Reps. Tim Derickson, R-Oxford, and Bill Patmon, D-Cleveland, says that “state action or an action by any person based on state action shall not burden a person’s right to exercise of religion, even if the burden results from a rule of general applicability, unless it is demonstrated that applying the burden .... in (a) particular instance ... is essential to further a compelling governmental interest (and is) the least restrictive means of furthering that compelling governmental interest.”

A statement from Derickson and Patmon said the measure largely resembles a federal act signed into law by President Bill Clinton in 1993.

“It restored the requirement of ‘strict scrutiny’ application in religious freedom cases, which ensured that the government adequately justify burdens on religious exercise imposed by law neutral toward religion and that if limited religious rights is indeed justified, the court must take the least restrictive means possible to limit those rights,” the statement read.

Derickson said HB 376 was crafted to ensure that state residents have the ability to freely worship and exercise their religious liberties.

“For most Ohioans, faith and worship play a vital role in their lives and provide a sense of hope and community,” he said. “We are privileged as Americans to have a guaranteed right to free speech and free exercise of religion. It is important that religious and political leaders work together to defend religious liberties on behalf of our citizens of all faith and implementing a Religious Freedom Restoration Act in Ohio will help to accomplish this goal.”

HB 376 states that a person whose exercise of religion has been burdened or is likely to be burdened in violation of the act may assert that violation or impending violation as a claim or defense in a judicial proceeding, regardless of whether the state or a political subdivision of the state is a party to the proceeding.

“The person asserting that claim or defense may obtain appropriate relief, including relief against the state or a political subdivision of the state,” the bill reads, noting that appropriate relief includes, but is not limited to, injunctive relief, declaratory relief, compensatory damages and the recovery of costs and reasonable attorney’s fees.

HB 376 defines “compelling governmental interest” to mean a governmental interest of “the highest magnitude that cannot otherwise be achieved without burdening the exercise of religion.”

In referencing a need for the act at the state level, Derickson said a 1997 Supreme Court ruling encouraged states to implement their own RFRAs to uphold and protect citizens’ First Amendment rights.

“While Congress and the president had intended RFRA to protect all Americans, the U.S. Supreme Court ruled ... that Congress lacks the power to apply this federal law to actions by state or local governments,” he said, adding that he’s optimistic Ohio will join the 18 other states that have already passed their own Religious Freedom Restoration Acts.

HB 376 is backed by the Ohio Catholic Conference, Agudath Israel of America, the Ohio Council of Churches, the Family Research Council, the Liberty Foundation, Citizens for Community Values, Citizen Link and the Institute for Principled Policy.

This legislation will help reassert the foundation upon which this country was founded and has grown and prospered on — freedom of religion and the practice of it, Patmon said.

The bill is co-sponsored by more than 40 House members and has been assigned to the House Judiciary committee.

[Back]