Committee agrees to print resolution seeking to expand state tort claims to cover free-speech and religion

The Senate Judiciary and Rules Committee voted to send RS32481 to print after Senator Ben Toews described the resolution as a way to allow state-court enforcement when people believe their freedom of speech or freedom of religion has been violated.

"What this does, it expands the Tort Claims Act to include freedom of speech and freedom of religion," Senator Ben Toews said during his presentation. He told the committee he had worked with the Pacific Justice Institute on the concept and said the change would allow more attorneys who practice in state court to handle these disputes rather than requiring federal litigation.

Senator Wintrow expressed reservations about narrowing the proposal to two specific rights and noted that federal law — 42 U.S.C. § 1983, the civil-action statute for deprivation of rights — covers a broader range of civil-rights claims. "I do think that 42 U.S. Code 1983 ... does cover more things than that are here. So I'm just, again, I'm a little reluctant to isolate a couple and not have all," she said, while also saying she would likely vote to print so the idea could be researched further.

Senators approved the motion to print RS32481 by voice vote. The committee's action sends the resolution text to be printed by the Secretary of the Senate and placed with Senator Van Orden's office for further handling.

RS32481, as presented, requests expanding the state Tort Claims Act to allow a state-law cause of action for alleged violations of freedom of speech and freedom of religion, and the committee's vote only authorized printing of the resolution text for future consideration.