WEST VIRGINIA
Charleston Gazette
by Erin Beck, Staff Writer
People who work to prevent child abuse and help abuse victims in West Virginia are concerned that a bill up for a final vote in the Legislature on Wednesday could be used to justify child abuse in the name of “religious freedom.”
The bill (HB 4012), which is similar to “religious freedom restoration acts” in other states, establishes a legal process for courts to follow when people or businesses believe the government is violating their religious beliefs.
The law would establish a balancing test for courts to use when determining whether the person is being substantially burdened by government action, and whether the state has “compelling governmental interest” in ensuring the law is followed.
Governmental actions could include civil rights laws, including local LGBT-inclusive nondiscrimination ordinances, so civil rights advocates fear the law will be used to allow discrimination against the LGBT community and other historically-discriminated against groups.
Proponents of the bill have openly said support stems from opposition to same-sex marriage.
Jim McKay, state coordinator for Prevent Child Abuse West Virginia, is worried about effects on another vulnerable group — children. He wonders if “governmental action” would also include laws to protect children.
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