Religious expression bill passes first vote in Senate

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Sen. Chris Buttars says his bill is about religious freedom, pure and simple.

A handful of critics, though, contend the legislation is unnecessary and could entangle the state in confusing lawsuits.

The Utah Senate gave initial approval to the bill Tuesday, 24-2. It must pass one more Senate vote before it goes to the House of Representatives.

If approved, the bill would allow people to express "closely held religious beliefs" without interference from government institutions unless quelling the expression is related to an important government interest, said Buttars, R-West Jordan.

There are exceptions allowed for prisoners and for illegal activities -- so, for example, someone couldn't claim religious protection for the use of illegal drugs.

"You could do those basic fundamental things that should be allowed," Buttars said. "There's so much fear that there's going to be a lawsuit that it's wiping out everything else."

He used the examples of a student being barred from wearing a "Choose the Right" T-shirt to school, or a group of students being told to remove religious pins they were wearing.

Dave Doty, with the Utah System of Higher Education, told a legislative committee earlier this month that school policies already exist to deal with situations in which requirements conflict with someone's religious beliefs.

Sen. Scott McCoy, D-Salt Lake City, said the examples used by Buttars don't require a legislative remedy.

"All of those activities under current law are perfectly permitted," he said. "It's actually a problem with how our school administrators and our teachers are carrying out the law.

"I still wonder whether this bill is necessary at all."

He noted that Buttars's bill would apply to every law and rule in Utah, including local zoning ordinances and college and university rules and procedures. For example, a local jurisdiction might have no control over a church construction project if it claims religious persecution, he said.

Sen. Greg Bell, R-Fruit Heights, said he was concerned that the bill would elevate religious expression over all other forms of expression or other interests.

"Everybody in here agrees with a certain separation of church and state," Buttars said. But it's gone too far, he added: "There isn't really, in the public forum, any freedom of expression of religion."

Hogwash, said McCoy.

"Religion is in the schools and is present in our lives," he said. For instance, the National Motto -- "In God We Trust" -- is displayed in public places and on currency. Religious clubs meet at school, and students are allowed release time for religious instruction.

"We have a president who has spearheaded faith-based initiatives," McCoy said. "What we have to remember is, while there may have been identified a few small problems, we have to ask ourselves whether or not a major piece of legislation is actually the appropriate response."

First Substitute SB 111, Free Exercise of Religion Without Government Interference, Sen. Chris Buttars, R-West Jordan

Places restrictions on when a governmental entity can regulate an individual's expression of closely held religious beliefs.

This story appeared in The Daily Herald on page A7.

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