Utah House approves expansive state Religious Freedom bill after sustained debate
February 22, 2024 | 2024 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah
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The Utah House on Feb. 21 approved second substitute S.B.150, a measure that would require government actions that substantially burden religious exercise to be justified by a compelling government interest and be the least restrictive means of achieving that interest.
Sponsor Representative Tesher said the bill "largely tracks the federal model" and described it as a legal shield for those whose religious exercise is burdened by government action. He told colleagues the measure offers judicial relief and places a high standard on government offices that enforce laws affecting religious practice.
During more than an hour of floor debate, Representative Loubay asked whether the bill could roll back protections negotiated in prior compromises, including recent measures affecting LGBTQ rights. Tesher responded directly, saying the bill "will not" have that effect and pointed to new whereas language and line edits intended to preserve existing compromises and to make clear the bill does not override prior negotiated protections.
Other speakers framed the bill as a statewide codification of long‑standing religious protections. Supporters argued it restores balance between government regulation and religious liberty; opponents raised questions about potential real‑world impacts and asked for clarifying language.
The House approved the second substitute by voice vote; the transcript records the final passage as 69 yes votes and 0 no votes and the bill will be transmitted to the Senate for further action.
The House debate repeatedly referenced federal jurisprudence, including City of Boerne v. Flores and the history of the federal Religious Freedom Restoration Act, as members sought to explain the legal standards S.B.150 would import into state law. Representative Tesher said the bill is intended to make Utah "a leader" on religious‑freedom protections while assuring colleagues it preserves previously negotiated limits.
The next procedural steps are transmittal to the Senate for its consideration and potential further amendments or concurrence.
Sponsor Representative Tesher said the bill "largely tracks the federal model" and described it as a legal shield for those whose religious exercise is burdened by government action. He told colleagues the measure offers judicial relief and places a high standard on government offices that enforce laws affecting religious practice.
During more than an hour of floor debate, Representative Loubay asked whether the bill could roll back protections negotiated in prior compromises, including recent measures affecting LGBTQ rights. Tesher responded directly, saying the bill "will not" have that effect and pointed to new whereas language and line edits intended to preserve existing compromises and to make clear the bill does not override prior negotiated protections.
Other speakers framed the bill as a statewide codification of long‑standing religious protections. Supporters argued it restores balance between government regulation and religious liberty; opponents raised questions about potential real‑world impacts and asked for clarifying language.
The House approved the second substitute by voice vote; the transcript records the final passage as 69 yes votes and 0 no votes and the bill will be transmitted to the Senate for further action.
The House debate repeatedly referenced federal jurisprudence, including City of Boerne v. Flores and the history of the federal Religious Freedom Restoration Act, as members sought to explain the legal standards S.B.150 would import into state law. Representative Tesher said the bill is intended to make Utah "a leader" on religious‑freedom protections while assuring colleagues it preserves previously negotiated limits.
The next procedural steps are transmittal to the Senate for its consideration and potential further amendments or concurrence.
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