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West Virginia Freedom of Conscience Protection Act (HB 2508)

This law was last updated on Dec 12, 2016


West Virginia


HB 2508


Failed to Pass


Jan 13, 2016


Co-sponsors: 9
Primary Sponsors: 1
Total Sponsors: 10


Conscience and Refusal Clauses, LGBTQ, Religious Freedom, RFRA

Full Bill Text

HB 2508 would prohibit state action from burdening 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 to that person’s exercise of religion is essential to further a compelling governmental interest, and is the least restrictive means of furthering that interest.

A person whose exercise of religion has been burdened or is likely to be burdened in violation of this provision may assert such violation or impending violation as a claim or defense in a judicial proceeding, regardless of whether the state or one of its political subdivisions is a party to the proceeding

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


Similar to HB 2830 and SB 487, both of which failed to pass in 2015.