Written by Don Byrd
Texas State Senator Donna Campbell was unsuccessful last year in an attempt to amend the state constitution with language largely echoing Texas’s Religious Freedom Restoration Act, the law that bars the state from substantially burdening a person’s religious exercise unless it is necessary to further a compelling government interest. Her proposal, however, lacked the requirement that the burden must be substantial to trigger the protection. It’s just one word, but an important one, essential to maintaining RFRA’s key balance between the state’s key interests and an individual’s religious freedoms.
If you have a chance, watch the testimony given by State Representative Scott Hochberg last year. Hochberg, who helped pass the state’s RFRA, explains why the changes in Campbell’s proposal – like the elimination of “substantial” – weakens the law and leads to unintended consequences. The BJC – long a champion of RFRA legislation – has also counseled against versions of the bill that lack the substantial language.
Now, Campbell is ready to try again. Her Senate Joint Resolution 10 mirrors the effort that failed to make it out of committee last year. The language she proposes is the same. Here’s hoping the outcome is as well. Texas’s current religious freedom law as it stands offers a robust protection of religious exercise.
For more background, see the BJC’s RFRA resource page here.
