Amendment Adds “Substantial” Requirement to Kentucky RFRA Bill [UPDATED]

Written by Don Byrd
According to the Kentucky Legislature website (and LegiScan), a religious freedom bill that recently passed the House was passed with Floor Amendment 2, which added one important word to the legislation: “substantial.” The version that came out of committee required a compelling government interest for any burden on religious exercise. Amendment 2 changed that, leaving that high level of scrutiny only for “substantial burdens” on religious exercise.

House Bill Introduced to Broaden Contraception Exemption

Written by Don Byrd
On Monday, Representative Diane Black (R-TN) introduced the Health Care Conscience Rights Act of 2013, H.R. 940. This bill would amend the Affordable Care Act to exempt all employers and organizations from the contraception mandate if they have a religious or moral objection. The Tennessean reports conservative Tony Perkins, the head of the Family Research Council, believes the bill should be attached to other legislation for leverage.

NYTimes: Defeat FEMA Church Funding Bill

Written by Don Byrd
Despite opposition from civil and religious liberty groups including the Baptist Joint Committee, the U.S. House last month approved a bill that allows public funding of churches through FEMA grants following natural disasters like Hurricane Sandy. Today, a NYTimes editorial makes the case against the bill and urges the Senate not to pass it on to the President.

Kentucky House Passes Questionable Religious Freedom Measure

Written by Don Byrd
Last week, I posted about Kentucky House Bill 279, legislation raising the level of judicial scrutiny for government action placing a burden on religious exercise. If this bill becomes law, enforcing a law against an individual whose religious exercise is burdened by it will require the government to demonstrate a compelling interest.

On Friday the commonwealth’s House passed the measure 82-7.

Colorado Appeals Panel Upholds Voucher Program, Reversing Lower Court

Written by Don Byrd
By a 2-1 vote, a panel of the Colorado Appeals Court has upheld the state’s school voucher program, reversing the trial court’s determination that it violates provisions of the state’s Constitution. The court relied heavily on the reasoning of Colorado Supreme Court’s 1982 decision in Americans United, which rejected a challenge to a similar program to the Choice Scholarship Program (CSP) currently being considered.