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Wyoming Adopts New Law Protecting Religious Freedom
Wyoming Governor Mark Gordon recently signed into law the Wyoming Religious Freedom Restoration Act, which prohibits state and local governments from taking actions—including the passing of laws, ordinances and regulations—that “substantially burden a person’s right to the exercise of religion,” unless there is a “compelling governmental interest” making such a restriction necessary.
Wyoming is now the 29th state to enact such a law.
The state’s reasons for strengthening its citizens’ religious protections go back to 1990, when the Supreme Court held, in the case of Employment Division v. Smith, that the exercise of a person’s religious beliefs may be restricted by general laws, just like any other conduct.
The bill will allow courts to step in and determine whether a governmental action unduly burdens a person’s exercise of religion.
The specific issue in the Smith case was that two Native Americans were fired from their jobs because they consumed peyote as a religious ritual. They were then denied unemployment compensation, which they appealed through the courts, claiming that their right to the free exercise of their religion should allow them the ceremonial use of the drug. The Supreme Court, however, ruled against them, weakening a previous judicial standard that there be a “compelling interest” before the state could enforce a law interfering with a person’s religious practice. As an example of a “compelling interest,” local officials could prevent religious services from being conducted in a building that was unsafe. Likewise, the Supreme Court has held that child labor laws may not be set aside for religious reasons.
The Smith decision alarmed many religious freedom and civil liberties advocates who were concerned with the effect it would have on people’s ability to practice their religion where it comes in conflict with ordinary legal standards.
Accordingly, Congress responded in 1993 by passing the Religious Freedom Restoration Act (known by its initials, RFRA) which, as Wyoming has just done, restored the compelling interest requirement. RFRA was signed into law by President Bill Clinton after passing in Congress with overwhelming bipartisan support.
Later, in 1997, the Supreme Court limited RFRA by holding that it could only apply to federal law.
Many states responded by adopting their own religious freedom restoration laws, with Wyoming being the latest example.
As with the federal law, Wyoming’s law was passed by an overwhelming majority, with 85 of the 91 members voting yes.
What will the law mean in practice? The bill will allow courts to step in and determine whether a governmental action unduly burdens a person’s exercise of religion, in which case the court can provide relief. In the words of one of the bill’s supporters: “We’re not picking winners and losers. We’re just giving folks their fair day in court.”
To give an idea of how the new RFRA could preserve the freedom of Wyomingites, the federal law has, for example, protected the right of Native Americans to use otherwise environmentally protected eagle feathers in religious ceremonies; permitted Sikhs to wear beards and their customary headdress while serving in the military; and allowed a Catholic religious order to continue to render services to the poor while being exempt from normal federal standards on providing contraception.
The Wyoming bill’s supporters believe the law will bring the same benefits to their state. In the words of one legislator: “It ensures every Wyomingite, regardless of their belief system or political power or understanding, receives a fair hearing when the government seeks to force that person to violate his or her religious beliefs.”
