Introducing a Comprehensive Guide to Enhancing Religious Liberty

Religious liberty is a cornerstone of American democracy, enshrined in the First Amendment of the U.S. Constitution. It ensures that individuals can practice their faith freely and live according to their deeply held beliefs without undue government interference. This principle is not only vital for the flourishing of religious communities but also for the preservation of a pluralistic society where diverse beliefs and practices can coexist.

Despite its foundational importance, the extent of religious liberty protections varies significantly from state to state. State governments play a critical role in implementing and upholding these protections, and it is our hope that the annual Religious Liberty in the States (RLS) report will continue to shine light on areas where states can improve their protections while also celebrating states that are actively passing new legislation that extends the frontier of religious liberty.

Many readers come away from studying the RLS index with questions of how exactly their state can improve. That’s why the Center for Religion, Culture & Democracy (CRCD) has published a comprehensive guide that highlights the areas where improvements can be made to ensure robust safeguards for all citizens.

This guide, entitled “Securing Religious Liberty in Your State: A Guide for Lawmakers and Advocates,” is an essential resource for lawmakers, advocates, and engaged citizens committed to safeguarding the fundamental freedom of religious expression. As we navigate the complexities of religious freedom in contemporary society, this guide serves as a crucial tool to inform and inspire legislative and grassroots efforts.

Five Key Recommendations from the Guide

The guide provides practical recommendations to enhance religious liberty protections based on the latest data and analyses from RLS. Here are the five key recommendations:

Adopt Religious Freedom Restoration Acts (RFRAs)

Following the limitations placed on the First Amendment protections by the Supreme Court in Employment Division v. Smith (1990), RFRAs ensure that religious liberty is robustly protected. Tennessee’s RFRA is highlighted as a model, providing broad protection against government actions that substantially burden religious exercise unless there is a compelling governmental interest pursued by the least restrictive means​​.

Implement General Conscience Clauses in Healthcare

States should adopt general conscience protections similar to those in Washington, which safeguard healthcare providers from being compelled to participate in procedures that violate their religious or moral beliefs. This ensures that healthcare practitioners can exercise their rights without facing discrimination or penalties​​.

Protect For-Profit Business Nonparticipation in Weddings

States should follow Mississippi’s example, which protects businesses from being forced to provide services for wedding ceremonies that conflict with their religious beliefs. This safeguard prevents litigation against business owners who wish to operate according to their conscience​​.

Allow Public Officials to Recuse from Marriage Ceremonies

Legislation should permit public officials to recuse themselves from participating in marriage ceremonies that conflict with their religious beliefs. North Carolina’s statute serves as a model, allowing officials to opt-out based on sincerely held religious objections while ensuring all citizens can still access services​​.

Provide Excused Absences for Religious Holidays in Schools

States should pass laws requiring schools to grant excused absences for students observing religious holidays. California’s statute, which includes religious holidays among justifiable personal reasons for school absence, is an excellent example of accommodating religious diversity in educational settings​​.

Encouraging Legislative Action

State lawmakers have a unique opportunity to strengthen religious liberty protections within their jurisdictions. By adopting the safeguards outlined in this guide, states can ensure that their residents are free to live according to their conscience without fear of discrimination or legal repercussions.

Engaged citizens and advocacy groups play a crucial role in the legislative process. This guide, in combination with the annual RLS index, can empower readers with the knowledge and tools needed to advocate effectively for stronger religious liberty protections. By understanding the specific areas where their state falls short, advocates can target their efforts and work collaboratively with lawmakers to achieve meaningful reforms.

We encourage lawmakers, advocates, and engaged citizens to read this guide. For more information and to access the guide, please visit the Center for Religion, Culture & Democracy (CRCD) website here.