Written by Don Byrd
A constitutional amendment proposed in the Wisconsin legislature would add Religious Freedom Restoration Act (RFRA) language to the state’s religious freedom guarantees. RFRAs have been enacted in several states to require the government to demonstrate a compelling interest to justify any substantial burden on religious exercise. The proposed amendment in Wisconsin, however, does not require the burden to be substantial.
The added text, from Assembly Joint Resolution 43, is below
The right of conscience, which includes the right to engage in activity or refrain from activity based on a sincerely held religious belief, shall not be burdened unless the state 6proves it has a compelling interest in infringing upon the specific action or refusal to act, and the burden is the least-restrictive alternative to the state’s action. A burden to the right of conscience includes indirect burdens, such as withholding benefits, assessing penalties, or exclusion from programs or access to facilities.
As the Baptist Joint Committee has argued when other states have proposed similar measures, RFRA can be a positive standard to ensure government refrains from needlessly restricting religious exercise. But the burden should be substantial for RFRA to apply. Otherwise, even trivial obstacles could trigger a lawsuit.
