West Virginia Freedom of Conscience Protection Act (SB 487)

This law was last updated on Dec 12, 2016

State

West Virginia

Number

SB 487

Status

Failed to Pass

Proposed

Feb 13, 2015

Topics

Conscience and Refusal Clauses, LGBTQ, Religious Freedom, RFRA

Full Bill Text

www.legis.state.wv.us

SB 487 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.

STATUS

Companion bill to HB 2830.