West Virginia Amendment of Amended and Restated Bylaws
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NOTE: The purpose of this bill is to create the West Virginia Religious Freedom Restoration Act to ensure that, in all cases where state action is alleged to substantially burden the exercise of religion, a compelling interest test is mandated, and strict scrutiny is applied.
The RFRA prohibited the government from substantially burdening a person's exercise of religion, even if the burden results from a rule of general applicability, unless the government can demonstrate that the burden is the least restrictive means of furthering a compelling governmental interest.
Congress adopted the Religious Freedom Restoration Act (RFRA) of 1993 to override the Supreme Court decision in Employment Division, Department of Human Resources of Oregon v. Smith (1990) and provide greater protection under the First Amendment free exercise clause.
Any amendment to the Constitution of the State may be proposed in either house of the Legislature at any regular or ex- traordinary session thereof; and if the same, being read on three several days in each House, be agreed to on its third reading, by two thirds of the members elected thereto, the proposed amend- ment, ...
Under the bill, a person whose exercise of religion has been burdened may go to court over the situation. There's a caveat that nothing in the policy could create a cause of action by an employee against a nongovernmental employer. The legislation specifies that it would apply to all state and local laws.
§5-11C-5. NOTE: The purpose of this bill is to create the West Virginia Religious Freedom Restoration Act to ensure that, in all cases where state action is alleged to substantially burden the exercise of religion, a compelling interest test is mandated, and strict scrutiny is applied.