Seven years ago, the state Senate anguished over a policy called the Religious Freedom Restoration Act. This Tuesday evening, the Senate had no hesitation, dropping committee references, suspending constitutional rules and acknowledging a religious freedom bill three times straight as it sailed toward passage.
Senators passed the “Equal Protection for Religion Act” on a 30-3 vote after a brief exchange about whether the policy could be used to circumvent local nondiscrimination ordinances.
“This is not a tool for discrimination,” said Senator Amy Nichole Gracy, R-Mason. “It is a shield to protect all people. It is not a sword that attacks a specific group of people. It’s a shield to protect.”
She concluded, “The bottom line is, we shouldn’t punish someone for practicing their religion unless there’s a very good reason to do so. It’s hard for me to believe that in America — in America, the land of the free — we have to pass a law in West Virginia to protect our right to exercise our religion, to express our religious beliefs.”
Debate over the same policy in the Senate was very different in 2016.
After delegates overwhelmingly passed the bill, a more narrowly-divided Senate grappled with it. That year, some Republican senators crossed over help Democrats pass an amendment to protect local civil rights laws.
Then-Senate Majority Leader Mitch Carmichael tearfully spoke in favor of the amendment. “I don’t want us to go down this path,” he said. “I just don’t.”
The next day, in a somber vote, Senate Judiciary Chairman Charles Trump concluded an explanation of the bill by saying, “I urge the members of this body to follow their hearts and conscience.” The bill was defeated 7-27.
Carmichael is now West Virginia’s Development Secretary. In 2019, Grady defeated him for the Senate seat he’d held.
The religious freedom bill provides a standard in court for people who contend government actions have infringed on their religious beliefs. The bill is fairly broad and doesn’t specify examples for how the standard might be applied.
Critics have said it could be used to challenge local nondiscrimination ordinances or government-mandated vaccine requirements, like in school systems or for medical providers.
The policy says no state action may substantially burden a person’s exercise of religion unless it’s essential to a compelling government interest or is the least restrictive means of furthering that compelling government interest.
If the bill were to become law, a person whose exercise of religion has been burdened may go to court over the situation. There’s a caveat that nothing in the policy could create a cause of action by an employee against a nongovernmental employer. The bill specifies that it would apply to state and local laws.
The House of Delegates examined the bill in Judiciary Committee, then had a public hearing where both critics and supporters spoke and finally debated it for two hours Monday before passage.
The Senate pace was unburdened.
“So, we’re moving very fast here,” said Senate Minority Leader Mike Woelfel, D-Cabell, as he started to ask some questions.
“This is moving pretty quickly and I didn’t have a whole lot of time to prepare questions,” said Senator Mike Caputo, D-Marion, starting to ask about how views of the state could be affected.
In all, the Senate discussion was about half an hour, concluding just before 6:20 p.m.
At 6:26 p.m., the state Republican Party distributed a mass email to celebrate passage of the bill.
“The Secular Left has weaponized the government against men and women of faith all over the country, whether it is forcing them to bake cakes for weddings which they do not want to participate, or for prosecuting Catholics who pray outside of abortion clinics,” stated West Virginia Republican Party Chairwoman Elgine McArdle.
“I am proud that the elected leadership in West Virginia stood up for our rights and defended our core values.”