West Virginia Freedom of Conscience Protection Act (HB 2508)

This law was last updated on Dec 12, 2016

State

West Virginia

Number

HB 2508

Status

Failed to Pass

Proposed

Jan 13, 2016

Topics

Conscience and Refusal Clauses, LGBTQ, Religious Freedom, RFRA

Full Bill Text

www.legis.state.wv.us

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.

STATUS

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