Senator Toews asks to print resolution to expand state tort claims to cover free speech and religion

Senator Ben Toews introduced RS32481 in the Senate Judiciary and Rules Committee as a request to print a resolution intended to expand the Tort Claims Act to provide a state-court remedy for alleged violations of freedom of speech and freedom of religion.

"What this does is it expands the Tort Claims Act to include freedom of speech and freedom of religion," Toews said. He described the change as giving people "ability to ensure that they have recourse in the at the state level, not just at the federal level." Toews said the proposal reflects work with the Pacific Justice Institute, which has represented clients who seek state-level avenues to vindicate First Amendment claims.

Committee members questioned the narrow scope of the proposal. Senator Wintrow noted that 42 U.S. Code § 1983, the federal civil remedy for deprivation of rights, covers a range of civil-rights violations beyond speech and religion. "...it does cover more things than that are here," Wintrow said, adding reluctance about isolating only two protections while noting she would vote to print the resolution to facilitate further research.

Toews said the measure targets issues the Pacific Justice Institute has presented and that legislators interested in broader coverage could introduce separate measures. The committee voted to send RS32481 to print. The motion was made and seconded on the record and the chair announced the motion carried.

Ending: The resolution will be printed and made available to the sponsor, with committee members indicating further research and possible amendment could follow if the resolution remains in the committee or is later converted to bill language.