Impose burdens on people's faith and you get sued

RELIGIOUS-RIGHTS BILL PUTS TEETH IN 1ST AMENDMENT

Impose burdens on people's faith and you get sued

For the first time ever, a bill proposed in the Utah House of Representatives could place freedom of religion above other constitutionally protected rights and recognize religion as a defense against allegations of discrimination. That in truth should not be needed if we had an Honest, Constitutionally Educated, Apolitical Judiciary. Unfortunately that is not the case. Instead we have weasel-wording, shysters trying to undermine the RIGHTS of the Citizenry at every turn.

The "or prohibiting the free exercise thereof" portion has been abused by state and Federal Judges for decades and that should cease! Forcing someone to do something that is clearly against their Verifiable Beliefs should be a Crime.

Sponsored by LaVar Christensen, a Republican, and known as the Religious Liberty Recognition and Protection Act, HB 322, would allow people of faith to sue others for imposing on their beliefs.

The bill is a bid to give sweeping protection to religious liberties. Analysts say because it goes further than any other state, it may raise significant constitutional issues and be susceptible to a court challenge on multiple fronts.

One of the provisions requires “government and private individuals that impose a law or action that substantially burdens another’s religious liberty to balance certain requirements in order to lawfully enforce or recognize the law or action.”

“The proposed act may be subject to challenge in court because it expands religious protections to an extent not currently recognized by the courts,” wrote legislative attorney Eric Weeks in the memo obtained by the Salt Lake Tribune. “Consequently, it is impossible to effectively evaluate its constitutionality or its practical effect on the balance between civil rights and the free exercise of religion.”

“We are working closely and very carefully to make sure that these protections are fairly applied and balanced for the benefit of all,” said Christensen.

Because the measure restricts actions by private entities and individuals that might influence another person’s religious beliefs, many of Christensen’s colleagues are not in favor of the bill. Lawmakers are looking for a way to balance religious liberties and protections from employment and housing discrimination for gay, lesbian, bisexual and transgender Utahns, after the LDS church called for a pairing of the two.

Top leaders of the Church of Jesus Christ of Latter-day Saints announced last month they supported both the passage of statewide nondiscrimination protections for gay and lesbian Utahns and the religious freedom of those who oppose homosexuality. The LDS church is caught in an intensifying conflict between LGBT advocates and the religious right.

“We’d like something that reflects … the sentiment from the [LDS] church about how we treat everybody with respect and dignity,” said House Speaker Greg Hughes, R-Draper. “I believe we have a bill that is beginning a process.”

The analysis details numerous ways HB 322 goes beyond religious-freedom laws in any other state, including significantly expanding what constitutes a burden on an individual’s religious beliefs, in a way that “potentially extends religious freedom protections to arenas of public commerce, property, individual freedoms, and fundamental rights that have not traditionally been subject to religious exercise exemptions in this manner.”

By elevating religious protection above other rights, the bill may violate the equal-protection clause of the U.S. Constitution. [Not when other rights are allowed to trump religious rights routinely]

Senate President Wayne Niederhauser, another Republican, expressed concerns about whether Christensen was inclusive of other viewpoints in drafting his bill.

“My question would be: How involved was the LGBT community in that bill?” he asked. [why should they? [They are at the forefront of religious intolerance.]

Nearly 20 religious leaders joined Equality Utah Executive Director Troy Williams in asking the Utah Legislature to support Republican Sen. Steve Urquhart’s non-discrimination bill, SB 100, which offers protections for LGBT people from discrimination in employment and housing. Williams added the body should reject Christensen’s bill, which would recognize religion as a valid defense against claims of discrimination. [what he really is supporting is reverse discrimination against the religious.]

“His bill would allow employers and landlords to impose their faith on their workers and their tenants,” Williams said. “It would allow people to pick and choose what laws they want to follow.”

Christensen indicated he sincerely wants to make sure all persons are fully respected and protected in the vital areas of housing and employment. House and Senate Leaders say they’re likely to come up with a single bill that balances religious and LGBT protections. [why not include preferences like pedophiles, people that like to kill and polygamist?]

Legislative attorney Eric Weeks issued a memo detailing numerous ways Christensen’s law goes beyond any religious-freedom law in any other state. For example, HB 322 explicitly restricts actions by individuals and private entities that might impact another’s religious beliefs.

In essence, Christensen’s bill would allow a person of faith to sue another person or business if the religious person contends his or her beliefs have been burdened. And the church-goer would win the suit and be awarded damages unless the defendants could clear an exceptionally high bar — showing that the actions they are accused of taking were the only available to prevent a grave risk to public health and safety.

Senate Majority Whip Stuart Adams, Republican, who has a bill filed on religious liberties and will be central to the negotiations on the discrimination issue, said Christensen’s bill is “well-intentioned,” but talks are just beginning.

Christensen was a sponsor of Utah’s 2004 constitutional ban on same-sex marriage that was struck down by federal courts.