Written by Don Byrd
The Mississippi State House is considering a state Religious Freedom Restoration Act bill, recently passed by the Senate. Like most RFRA legislation, this bill would prohibit the government from substantially burdening a person’s religious exercise unless it is necessary to achieve a compelling government interest. Unlike many other RFRA laws, Mississippi’s would trigger this high threshold for *any burden* on religious exercise, regardless of whether it is substantial.
The law also specifies that the burden can be direct or indirect in interfering with religious activity or interfering with the refusal to engage in activity based on religious beliefs.
The Mississippi bill, SB 2681 is very similar to the one currently proposed in Georgia, HB 1023. The Baptist Joint Committee recently sent a letter to Georgia Representatives urging them to reject that proposal in its current form because it does not include the “substantial burden” requirement that is central to RFRA safeguards. Religion, as the letter says, should not be allowed to be a “trump card” against all government regulation.
The Mississippi House Judiciary B Committee is scheduled to consider the measure today. Stay tuned.
