Virginia civil liberties group supports legislation in principle, but wants discrimination prevention language added and coverage for incarcerated persons
Richmond, VA — The ACLU of Virginia today asked members of the Virginia House of Delegates to amend proposed legislation intended to strengthen religious rights in Virginia. The ACLU wants a clause added to the bill to prevent it from being used as an excuse to discriminate against minorities and for it to apply to incarcerated persons.
Introduced by Del. L. Scott Lingamfelter, HB 3082 provides that the state can only restrict individuals’ religious practices when it can show that the restriction is “essential to further a compelling governmental interest.” The bill does not apply to incarcerated persons. Approved by the House Courts of Justice Committee last week, HB 3082 will be voted on by the full House of Delegates tomorrow.
The ACLU sent a memo to all members of the House today asking them to support amendments to the bill on the House floor.
“This bill makes it clear that the government cannot willy-nilly pass a law or implement a policy that interferes with individual religious practices” said ACLU of Virginia executive director Kent Willis. “The only thing we ask is that someone introduce a couple of friendly amendments to make sure it isn’t misused to undermine the civil rights laws.”
The ACLU’s concern is that some individuals may argue that the new law so completely protects their religious practices that they can ignore civil rights laws in the name of religion. An employer, for example, might argue that, based on his religious beliefs, he can discriminate on the basis of race. A landlord might do the same with an apartment for rent.
The ACLU wants simple language added to the bill stating that it does not establish a defense to a civil action or criminal prosecution under a federal or state civil rights law.
“This is situation where we can have our cake and eat it too,” added Willis. “We can create a strong law to safeguard religion, and at the same time we can protect the civil rights laws. But this will only happen if the legislators are willing to amend the bill.”
“We still can’t figure out why the bill excludes incarcerated persons,” said Willis. “Common sense and fairness tell us that protecting the right of people in jail to practice their religion is a good thing.”
A copy of the ACLU’s memo can be found on our website, http://acluva.org/wp-content/uploads/2009/12/20070205-HB3082Memo.pdf
Contact: Kent Willis (w) 804/644-8022
