Senate Judiciary Committee advances Religious Freedom Restoration Act with ‘substantially’ amendment

Representative Josh Washak, the bill sponsor, told the Senate Judiciary Committee on Oct. 27 that House Bill 207 would restore the stricter “compelling interest/least restrictive means” standard for state actions that burden religious exercise. “This law simply takes us back to a standard that was in place in our country for decades of strict scrutiny when it came to governmental interference with religious freedom,” Washak said at the committee hearing.

The measure would apply to actions by state or local government that substantially burden a person’s exercise of religion, require the government to show a compelling interest and show that it used the least restrictive means. Committee members debated whether the statutory language should reference a “substantial burden,” the scope of covered “state action” or “government action,” and whether prevailing plaintiffs should recover attorney’s fees.