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Senate advances substitute religious‑freedom bill after extended debate
Summary
Senate adopted a first substitute to Senate Bill 111 — a state 'mini‑RFRA' raising protections for closely held religious expression — after sponsors said the Attorney General and University of Utah were satisfied; opponents warned the change could broaden legal challenges affecting zoning, schools and other state regulations. Substitute advanced with a 24–2 vote and moved toward third reading.
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Senator Dean Butters offered and the Utah Senate adopted a first substitute to Senate Bill 111, a state-level Religious Freedom Restoration Act (a "mini‑RFRA") to protect closely held religious expression under a preponderance‑of‑evidence standard. Sponsor Butters argued the substitute restores space for religious expression in public life and excludes criminal acts from protection. He said the Attorney General’s office and the University of Utah reviewed and were satisfied with the substitute’s language.
The change prompted sustained floor debate. Senator Scott McCoy said he feared the bill is unnecessary and could have sweeping unintended consequences. McCoy warned the new standard would apply across state rules and regulations — to zoning, child‑welfare rules and educational scheduling — and asked whether institutions such as the University of Utah could meet the higher standard when challenged. McCoy urged caution about creating a broad new legal standard when administrative or local training remedies might address the specific school incidents cited in committee.
Senator Angela Romero pressed the sponsor on whether the bill would protect nontraditional or controversial beliefs, asking explicitly whether those identifying with "satanic" or other nontraditional faiths would receive the same protection as more traditional religions. Butters replied the substitute applies broadly to closely held beliefs and gave examples of permissible expression such as wearing religious identifiers and singing on public steps; he emphasized criminal acts would not be shielded.
Butters said he had met multiple times with the Attorney General and the University of Utah and that both had indicated the substitute language addressed their concerns about litigation risk and application. Senator McCoy and others remained skeptical that the substitute was the right tool for the problems raised in committee and on the floor.
Procedure and vote: The Senate adopted the first substitute and then voted to read the substitute for the third time. The roll calls recorded that the substitute received 24 yes votes, 2 nay votes and 3 senators absent; the substitute therefore advanced to third reading under the Senate rules and was ordered for further consideration.
Why it matters: The substitute changes the legal standard applied when a person asserts their religious practice is burdened by government action. Floor exchanges made clear the implications could extend far beyond the specific school anecdotes discussed in committee — potentially affecting zoning decisions, university scheduling and other state or local regulations if litigants invoke the new standard.
Next steps: Under the sequence recorded on the floor the substitute had been adopted and the matter advanced toward final consideration consistent with the Senate calendar recorded in session. The transcript shows the sponsor planned to provide a handout summarizing AG/U of U positions to aid House committee review.
