SB 180 is the state version of the 1993 RFRA (Religios Freedom Restoration Act), which codified general First Amendment language protecting individuals’ sincerely-held religious exercise from non-neutral government interference (free exercise clause) and preventing government endorsement of any particular religion (establishment clause). The U.S. Supreme Court overturned RFRA in City of Boerne v. Flores, ruling that the legislation unconstitutionally violated separation of powers and that states must adopt RFRA independently. As written, SB 180 mirrors RFRA by protecting the free exercise of religion from governmental burden, except when a neutral, generally applied burden is the least restrictive means of furthering a compelling governmental interest. The bill’s language, while seemingly harmless, perpetuates sinister discriminatory ideologies under the guise of “compelling governmental interest.” SB 180 also allows for government endorsement of religion in violation of the First Amendment.
