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West Virginia Freedom of Conscience Protection Act (HB 2830)

This law was last updated on Dec 12, 2016


West Virginia


HB 2830


Failed to Pass


Feb 20, 2015


Co-sponsors: 10
Primary Sponsors: 1
Total Sponsors: 11


Conscience and Refusal Clauses, LGBTQ, Religious Freedom, RFRA

Full Bill Text

HB 2830 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 or administrative proceeding. The right to religious exercise secured under this provision may be asserted between private parties whether or not a state or local governmental actor 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.


Companion bill to SB 487.