Re: State RFRAs and their equivalents

[Douglas Laycock]

I collect these in my Illinois piece, in footnotes in the 20s. Indiana and 
Arkansas have been enacted since.

On Sat, 5 Dec 2015 12:16:12 -0500
 Marty Lederman  wrote:
>Is there a reliable, up-to-date list of state RFRAs and state
>constitutional provisions that have, more or less, been construed to
>incorporate Sherbert/Yoder?  I know that many are compiled in Chris's 2010
>article.  Anything more recent?
>
>Thanks in advance.

Douglas Laycock
Robert E. Scott Distinguished Professor of Law
University of Virginia Law School
580 Massie Road
Charlottesville, VA  22903
 434-243-8546
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State RFRAs and their equivalents

[Marty Lederman]

Is there a reliable, up-to-date list of state RFRAs and state
constitutional provisions that have, more or less, been construed to
incorporate Sherbert/Yoder?  I know that many are compiled in Chris's 2010
article.  Anything more recent?

Thanks in advance.
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RE: State RFRAs and their equivalents

[Friedman, Howard M.]

There is also an excellent tracker for enacted and pending state RFRA's at Don 
Byrd's Blog from the Capital: http://bjconline.org/state-RFRA-tracker-2015/ It 
is kept updated.  It does not however cover the state constitutional part.

Howard Friedman


From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] 
on behalf of James Oleske [jole...@lclark.edu]
Sent: Saturday, December 05, 2015 3:20 PM
To: Law & Religion issues for Law Academics
Subject: Re: State RFRAs and their equivalents

In addition to Doug's piece, this March 2014 post from Eugene has a map and 
comprehensive legend covering both RFRAs and state constitutional provisions 
that have been interpreted as providing exemption rights:

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/03/24/religious-exemptions-a-guide-for-the-confused/

Mississippi, Indiana, and Arkansas have since adopted RFRAs. I don't know if 
any additional states have interpreted their constitutions to require 
exemptions since March 2014, but Washington State's Supreme Court will soon be 
hearing a case (the florist/same-sex marriage case) in which it will be called 
upon to apply the state's constitutional provision on religious freedom. 
Although Eugene has Washington listed in the constitutional "strict scrutiny" 
category, and although the Washington Supreme Court has continued to use 
"compelling interest"/"narrow means" language, it has also used 
"reasonableness" language, which has muddied the waters. See City of 
Woodinville v. Northshore United Church of Christ, 211 P.3d 406, 410 n.3 (2009) 
("Of course, the government may require compliance with reasonable police power 
regulation.").

- Jim


On Sat, Dec 5, 2015 at 10:02 AM, Douglas Laycock 
<dlayc...@virginia.edu<mailto:dlayc...@virginia.edu>> wrote:
I collect these in my Illinois piece, in footnotes in the 20s. Indiana and 
Arkansas have been enacted since.

On Sat, 5 Dec 2015 12:16:12 -0500
 Marty Lederman <lederman.ma...@gmail.com<mailto:lederman.ma...@gmail.com>> 
wrote:
>Is there a reliable, up-to-date list of state RFRAs and state
>constitutional provisions that have, more or less, been construed to
>incorporate Sherbert/Yoder?  I know that many are compiled in Chris's 2010
>article.  Anything more recent?
>
>Thanks in advance.

Douglas Laycock
Robert E. Scott Distinguished Professor of Law
University of Virginia Law School
580 Massie Road
Charlottesville, VA  22903
 434-243-8546
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Re: State RFRAs and their equivalents

[Don Byrd]

Professor Laycock’s Illinois piece is available at the link below. His footnote 
22 compiles 14 states that have “interpreted their state constitutions to 
protect religiously motivated conduct even from generally applicable laws.”

http://www.illinoislawreview.org/wp-content/ilr-content/articles/2014/3/Laycock.pdf

Thanks for the plug, Howard! Following today’s discussion, I added the above 
link, and a list of the states he references, to the State RFRA Tracker I 
maintain for the Baptist Joint Committee for Religious Liberty - 
http://bjconline.org/state-rfra-tracker-2015/

Don Byrd
http://bjconline.org/blog/


On Dec 5, 2015, at 5:44 PM, Friedman, Howard M. <howard.fried...@utoledo.edu> 
wrote:

> There is also an excellent tracker for enacted and pending state RFRA's at 
> Don Byrd's Blog from the Capital: 
> http://bjconline.org/state-RFRA-tracker-2015/ It is kept updated.  It does 
> not however cover the state constitutional part.
> 
> Howard Friedman
> 
> From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] 
> on behalf of James Oleske [jole...@lclark.edu]
> Sent: Saturday, December 05, 2015 3:20 PM
> To: Law & Religion issues for Law Academics
> Subject: Re: State RFRAs and their equivalents
> 
> In addition to Doug's piece, this March 2014 post from Eugene has a map and 
> comprehensive legend covering both RFRAs and state constitutional provisions 
> that have been interpreted as providing exemption rights:
> 
> https://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/03/24/religious-exemptions-a-guide-for-the-confused/
> 
> Mississippi, Indiana, and Arkansas have since adopted RFRAs. I don't know if 
> any additional states have interpreted their constitutions to require 
> exemptions since March 2014, but Washington State's Supreme Court will soon 
> be hearing a case (the florist/same-sex marriage case) in which it will be 
> called upon to apply the state's constitutional provision on religious 
> freedom. Although Eugene has Washington listed in the constitutional "strict 
> scrutiny" category, and although the Washington Supreme Court has continued 
> to use "compelling interest"/"narrow means" language, it has also used 
> "reasonableness" language, which has muddied the waters. See City of 
> Woodinville v. Northshore United Church of Christ, 211 P.3d 406, 410 n.3 
> (2009) ("Of course, the government may require compliance with reasonable 
> police power regulation.").
> 
> - Jim
> 
> 
> On Sat, Dec 5, 2015 at 10:02 AM, Douglas Laycock <dlayc...@virginia.edu> 
> wrote:
> I collect these in my Illinois piece, in footnotes in the 20s. Indiana and 
> Arkansas have been enacted since.
> 
> On Sat, 5 Dec 2015 12:16:12 -0500
>  Marty Lederman <lederman.ma...@gmail.com> wrote:
> >Is there a reliable, up-to-date list of state RFRAs and state
> >constitutional provisions that have, more or less, been construed to
> >incorporate Sherbert/Yoder?  I know that many are compiled in Chris's 2010
> >article.  Anything more recent?
> >
> >Thanks in advance.
> 
> Douglas Laycock
> Robert E. Scott Distinguished Professor of Law
> University of Virginia Law School
> 580 Massie Road
> Charlottesville, VA  22903
>  434-243-8546
> ___
> To post, send message to Religionlaw@lists.ucla.edu
> To subscribe, unsubscribe, change options, or get password, see 
> http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
> 
> Please note that messages sent to this large list cannot be viewed as 
> private.  Anyone can subscribe to the list and read messages that are posted; 
> people can read the Web archives; and list members can (rightly or wrongly) 
> forward the messages to others.
> 
> ___
> To post, send message to Religionlaw@lists.ucla.edu
> To subscribe, unsubscribe, change options, or get password, see 
> http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
> 
> Please note that messages sent to this large list cannot be viewed as 
> private.  Anyone can subscribe to the list and read messages that are posted; 
> people can read the Web archives; and list members can (rightly or wrongly) 
> forward the messages to others.

___
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Re: State RFRAs and their equivalents

[James Oleske]

In addition to Doug's piece, this March 2014 post from Eugene has a map and
comprehensive legend covering both RFRAs and state constitutional
provisions that have been interpreted as providing exemption rights:

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/03/24/religious-exemptions-a-guide-for-the-confused/

Mississippi, Indiana, and Arkansas have since adopted RFRAs. I don't know
if any additional states have interpreted their constitutions to require
exemptions since March 2014, but Washington State's Supreme Court will soon
be hearing a case (the florist/same-sex marriage case) in which it will be
called upon to apply the state's constitutional provision on religious
freedom. Although Eugene has Washington listed in the constitutional
"strict scrutiny" category, and although the Washington Supreme Court has
continued to use "compelling interest"/"narrow means" language, it has also
used "reasonableness" language, which has muddied the waters. See City of
Woodinville v. Northshore United Church of Christ, 211 P.3d 406, 410 n.3
(2009) ("Of course, the government may require compliance with reasonable
police power regulation.").

- Jim


On Sat, Dec 5, 2015 at 10:02 AM, Douglas Laycock 
wrote:

> I collect these in my Illinois piece, in footnotes in the 20s. Indiana and
> Arkansas have been enacted since.
>
> On Sat, 5 Dec 2015 12:16:12 -0500
>  Marty Lederman  wrote:
> >Is there a reliable, up-to-date list of state RFRAs and state
> >constitutional provisions that have, more or less, been construed to
> >incorporate Sherbert/Yoder?  I know that many are compiled in Chris's 2010
> >article.  Anything more recent?
> >
> >Thanks in advance.
>
> Douglas Laycock
> Robert E. Scott Distinguished Professor of Law
> University of Virginia Law School
> 580 Massie Road
> Charlottesville, VA  22903
>  434-243-8546
> ___
> To post, send message to Religionlaw@lists.ucla.edu
> To subscribe, unsubscribe, change options, or get password, see
> http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
>
> Please note that messages sent to this large list cannot be viewed as
> private.  Anyone can subscribe to the list and read messages that are
> posted; people can read the Web archives; and list members can (rightly or
> wrongly) forward the messages to others.
>
___
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Re: State RFRAs and their equivalents

[Ira Lupu]

Kara Loewentheil also collects these sources (RFRA's and state
constitutional provisions so construed) is her "The Satanic Temple, Scott
Walker . . . " piece here: http://harvardlpr.com/2015/04/14/1762/

On Sat, Dec 5, 2015 at 1:02 PM, Douglas Laycock 
wrote:

> I collect these in my Illinois piece, in footnotes in the 20s. Indiana and
> Arkansas have been enacted since.
>
> On Sat, 5 Dec 2015 12:16:12 -0500
>  Marty Lederman  wrote:
> >Is there a reliable, up-to-date list of state RFRAs and state
> >constitutional provisions that have, more or less, been construed to
> >incorporate Sherbert/Yoder?  I know that many are compiled in Chris's 2010
> >article.  Anything more recent?
> >
> >Thanks in advance.
>
> Douglas Laycock
> Robert E. Scott Distinguished Professor of Law
> University of Virginia Law School
> 580 Massie Road
> Charlottesville, VA  22903
>  434-243-8546
> ___
> To post, send message to Religionlaw@lists.ucla.edu
> To subscribe, unsubscribe, change options, or get password, see
> http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
>
> Please note that messages sent to this large list cannot be viewed as
> private.  Anyone can subscribe to the list and read messages that are
> posted; people can read the Web archives; and list members can (rightly or
> wrongly) forward the messages to others.
>



-- 
Ira C. Lupu
F. Elwood & Eleanor Davis Professor of Law, Emeritus
George Washington University Law School
2000 H St., NW
Washington, DC 20052
(202)994-7053
Co-author (with Professor Robert Tuttle) of "Secular Government, Religious
People" ( Wm. B. Eerdmans Pub. Co., 2014))
My SSRN papers are here:
http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=181272#reg
___
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Re: State RFRAs and their equivalents

[James Oleske]

Don's very helpful tracker refers to one recently introduced bill -- HB 401
in Florida -- that would provide complete immunity for certain
religiously-motivated conduct rather than subjecting government regulation
of that conduct to strict scrutiny. In that respect, the bill looks more
like the proposed First Amendment Defense Act (FADA) than like traditional
RFRAs. Indeed, the Florida bill would go beyond FADA, and beyond the state
analogs recently proposed in Illinois and Indiana, by extending protection
for service refusals beyond the marriage context (although the sponsor's
comments to the media make clear that the relevant provision was motivated
by recent marriage vendor cases).

It will be interesting to see whether 2016 brings more FADA-like proposals
than RFRA-like proposals.

- Jim


On Sat, Dec 5, 2015 at 4:08 PM, Don Byrd <don.b...@comcast.net> wrote:

> Professor Laycock’s Illinois piece is available at the link below. His
> footnote 22 compiles 14 states that have “interpreted their state
> constitutions to protect religiously motivated conduct even from generally
> applicable laws.”
>
>
> http://www.illinoislawreview.org/wp-content/ilr-content/articles/2014/3/Laycock.pdf
>
> Thanks for the plug, Howard! Following today’s discussion, I added the
> above link, and a list of the states he references, to the State RFRA
> Tracker I maintain for the Baptist Joint Committee for Religious Liberty -
> http://bjconline.org/state-rfra-tracker-2015/
>
> Don Byrd
> http://bjconline.org/blog/
>
>
> On Dec 5, 2015, at 5:44 PM, Friedman, Howard M. <
> howard.fried...@utoledo.edu> wrote:
>
> There is also an excellent tracker for enacted and pending state RFRA's at
> Don Byrd's Blog from the Capital:
> http://bjconline.org/state-RFRA-tracker-2015/ It is kept updated.  It
> does not however cover the state constitutional part.
>
> Howard Friedman
>
> --
> *From:* religionlaw-boun...@lists.ucla.edu [
> religionlaw-boun...@lists.ucla.edu] on behalf of James Oleske [
> jole...@lclark.edu]
> *Sent:* Saturday, December 05, 2015 3:20 PM
> *To:* Law & Religion issues for Law Academics
> *Subject:* Re: State RFRAs and their equivalents
>
> In addition to Doug's piece, this March 2014 post from Eugene has a map
> and comprehensive legend covering both RFRAs and state constitutional
> provisions that have been interpreted as providing exemption rights:
>
>
> https://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/03/24/religious-exemptions-a-guide-for-the-confused/
>
> Mississippi, Indiana, and Arkansas have since adopted RFRAs. I don't know
> if any additional states have interpreted their constitutions to require
> exemptions since March 2014, but Washington State's Supreme Court will soon
> be hearing a case (the florist/same-sex marriage case) in which it will be
> called upon to apply the state's constitutional provision on religious
> freedom. Although Eugene has Washington listed in the constitutional
> "strict scrutiny" category, and although the Washington Supreme Court has
> continued to use "compelling interest"/"narrow means" language, it has also
> used "reasonableness" language, which has muddied the waters. See City of
> Woodinville v. Northshore United Church of Christ, 211 P.3d 406, 410 n.3
> (2009) ("Of course, the government may require compliance with reasonable
> police power regulation.").
>
> - Jim
>
>
> On Sat, Dec 5, 2015 at 10:02 AM, Douglas Laycock <dlayc...@virginia.edu>
> wrote:
>
>> I collect these in my Illinois piece, in footnotes in the 20s. Indiana
>> and Arkansas have been enacted since.
>>
>> On Sat, 5 Dec 2015 12:16:12 -0500
>>  Marty Lederman <lederman.ma...@gmail.com> wrote:
>> >Is there a reliable, up-to-date list of state RFRAs and state
>> >constitutional provisions that have, more or less, been construed to
>> >incorporate Sherbert/Yoder?  I know that many are compiled in Chris's
>> 2010
>> >article.  Anything more recent?
>> >
>> >Thanks in advance.
>>
>> Douglas Laycock
>> Robert E. Scott Distinguished Professor of Law
>> University of Virginia Law School
>> 580 Massie Road
>> Charlottesville, VA  22903
>>  434-243-8546
>> ___
>> To post, send message to Religionlaw@lists.ucla.edu
>> To subscribe, unsubscribe, change options, or get password, see
>> http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
>>
>> Please note that messages sent to this large list cannot be viewed as
>> private.  Anyone can subscribe to the list and read messages that are
>&g