Equality from State to State 2011

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Other Bills

ACTIVE Kansas House Bill 2260/ House Bill 2384 These bills would provide that “Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, unless such government demonstrates, by clear and convincing evidence, that application of the burden to the person: (1) Is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.” However, it would prohibit application of the law to marriages and relationships in violation of the Kansas Constitution (i.e. same-sex couples). In addition, it would apply to all government action including, but not limited to, all state and local laws, ordinances, rules, regulations and policies. STATUS: HB 2260 was introduced on Feb. 9, 2011, and was referred to the Judiciary Committee. HB 2384 was introduced on March 11, 2011, and was referred to the Committee on Federal and State Affairs. ACTIVE New York Senate Bill 833 This bill would provide that government shall not substantially burden a person’s exercise of religion by any act or failure to act; require that religious rights may not be burdened by government absent compelling interest; and require that the application of any rule in furtherance of such compelling interest be performed in the least restrictive manner. STATUS: This bill was introduced in the Senate on Jan. 5, 2011, and was referred to the Codes Committee. ACTIVE New York Senate Bill 2283 This bill would provide that the state and political subdivisions thereof be prohibited from enacting or enforcing any law which substantially burdens a religious belief or practice unless there is compelling governmental interest and such law is the least restrictive means necessary to accomplish such interest. STATUS: This bill was introduced in the Senate on Jan. 18, 2011, and was referred to the Finance Committee. ACTIVE Pennsylvania House Resolution 482 This resolution would designate the October 2011 as “LGBT History Month” in Pennsylvania.

STATUS: This resolution was introduced on Oct. 26, 2011, and was referred to the State Government Committee.

DEAD Arkansas House Bill 1917 This bill would have prohibited government entities from “burden[ing] a person’s free exercise of religion unless it demonstrates by clear and convincing evidence that application of the burden to the person and the specific act or refusal to act is: (1) Essential to further a compelling governmental interest; and (2) The least restrictive means of furthering the compelling governmental interest.” Note: Such bills may conflict with non-discrimination laws. STATUS: This bill was introduced in the House on March 4, 2011, and passed the Judiciary Committee March 17, 2011. It was transferred to the Senate and referred to the Senate Judiciary Committee on March 21, 2011. The bill died upon adjournment on April 27, 2011.

Other Bills ACTIVE

the Assembly Committee on Health on July 6, 2011, the Assembly Committee on Appropriations on Aug. 26, 2011, and the full Assembly on Sept. 8, 2011. The Senate concurred in the Assembly amendments on Sept. 9, 2011. The bill was vetoed by the governor on Oct. 9, 2011. Consideration of the governor’s veto is pending in the Senate.

DEAD Kentucky House Bill 168 This bill would have proposed to add an amendment to the Kentucky Constitution reading: “The Commonwealth shall not burden freedom of religion for persons or religious organizations. The right to act or refuse to act in a manner motivated by sincere religious belief shall not be burdened unless the Commonwealth demonstrates it has a compelling governmental interest in infringing the specific act or refusal to act and has used the least restrictive means to further that interest. As used in this section, “burden” includes but is not limited to such actions as withholding benefits, assessing penalties, or exclusion from programs or access to facilities.” STATUS: This bill was introduced on Jan. 4, 2011, and was referred to the Committee on Elections, Constitutional Amendments & Intergovernmental Affairs. It died upon adjournment on March 9, 2011. DEAD Missouri House Joint Resolution 26/ Senate Joint Resolution 15 These resolutions would have proposed an amendment to the State Constitution “prohibiting the Missouri legislative, executive, and judicial branches of government from recognizing, enforcing, or acting in furtherance of any federal law, executive order, judicial ruling ... or other action by the legislative, executive, or judicial branches of the federal government that exceeds the limited powers enumerated and delegated to the federal government; not recognize, enforce, or act in furtherance of the following ... mandating the recognition of same-sex marriage, civil unions, or any relationship other than the marriage of one man and one woman; increasing the punishment

www.hrc.org/statetostate

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