Yesterday in Utah, the controversial Free Exercise of Religion Without Government Interference Bill (SB 111) was approved 4-2 by the state Senate Government Operations and Political Subdivisions Committee. Three newspapers today reported on the hearings: Deseret News, Salt Lake Tribune and Daily Herald.
SB 111 would prohibit any state or local governmental unit from substantially burdening religion, even through a neutral law of general applicability, unless the government shows a compelling interest and that it is using the least restrictive means to further that interest. (Suits by prison inmates are governed by a less restrictive standard.) The bill provides that a substantial burden can occur even though the belief or practice at issue is not a central part of a person’s religion. It authorizes injunctive and declaratory relief as well as the recovery of court costs and attorneys’ fees. Suits may be brought against the government or a government official in his or her official capacity, but not against a government official in his or her individual capacity. The law allows a substantial burden on religion to be asserted as a defense in a judicial or administrative proceeding
The bill’s sponsor, Sen. Chris Buttars, said that it will protect practices like the singing of Christmas carols on the steps of city hall, and Mormon students wearing T-shirts to school with the slogan “CTR” (Choose the Right). Utah’s Attorney General, however, raised concerns that the law would lead to increased litigation against the state. He said the bill might protect a student who wears a Satanic T-shirt to school by claiming to worship Satan. University officials are concerned that the bill might allow students to challenge a class offered at a time that conflicts with a religious holiday or their time of prayer.
