HCS SB 12 -- RELIGIOUS FREEDOM RESTORATION ACT

SPONSOR:  Kinder (Byrd)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 13 to 3.

This substitute prohibits a governmental authority from
restricting a person's free exercise of religion unless the
restriction is generally applicable, does not discriminate
against religion, is necessary to further a compelling
governmental interest, and is not unduly restrictive considering
the relevant circumstances.  Relevant circumstances may include
legitimate penological interests needed to protect the safety and
security of incarcerated persons and correctional facilities, but
does not include reasonable requests by incarcerated individuals
for the opportunity to pray, reasonable access to clergy, use of
religious materials that are not violent or profane, and
reasonable dietary requests.  The substitute also specifies that
its provisions apply to all state and local laws, resolutions,
and ordinances regardless of whether the laws, resolutions, and
ordinances were adopted before or after the bill's effective
date.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the bill as it passed the Senate
promotes religious freedom and does not lead to excessive
litigation.

Testifying for the bill were Senator Kinder; Anti-Defamation
League; Jewish Community Relations Council; Missouri Coalition
for the Free Exercise of Religion; and Missouri Catholic
Conference.

OPPONENTS:  Those who oppose the bill say that the bill needs to
be more narrowly written to insure that children are protected.

Testifying against the bill was Dr. Rita Swan, Children's
Healthcare Is a Legal Duty, Inc.

Julie Jinkens McNitt, Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:13 am