Text of WA HB 2752 (2016)

AN ACT Relating to protecting the rights of religious freedom and 1 conscience of individuals in their beliefs and practices from 2 government discrimination; and adding a new chapter to Title 49 RCW. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 NEW SECTION. Sec. 1. This act may be known and cited as the 5 protection of the rights of religious exercise and conscience from 6 government discrimination act. 7 NEW SECTION. Sec. 2. The legislature finds the following: 8 (1) Leading legal scholars concur that conflicts between same-sex 9 marriage and religious liberty are real and should be addressed 10 through legislation; 11 (2) Citizens of the state hold a wide range of reasonable views 12 on the issue of same-sex marriage, and maintaining the state's 13 commitment to religious freedom when faced with these good faith 14 differences of opinion is vital; 15 (3) Our nation has a long and honorable history of respecting and 16 accommodating the religious liberty of its people, dating from before 17 the American revolution to the present. For example, laws have 18 protected the right of Quakers and other pacifists to serve the 19 nation as noncombatants in times of war, the right of Jews and other 20 H-3141.2 HOUSE BILL 2752 State of Washington 64th Legislature 2016 Regular Session By Representatives G. Hunt, Shea, Young, Taylor, Scott, Zeiger, Klippert, Holy, and Haler Read first time 01/20/16. Referred to Committee on Judiciary. p. 1 HB 2752 Sabbath observers to dedicate their time to God and family instead of 1 work on their Sabbath, and permitting religious organizations to 2 employ persons of the same beliefs to effectively provide charitable 3 services to the public consistent with their beliefs; 4 (4) Protecting religious freedom from government intrusion is a 5 government interest of the highest order. Legislation advances this 6 interest by remedying, deterring, and preventing government 7 interference with religious exercise in a way that complements the 8 protections mandated by the state and federal Constitutions; 9 (5) Protecting the religious freedom of faith-based charities and 10 educational institutions serves the state's interest in providing 11 essential social services to the poor and educational opportunities 12 to the next generation and is consonant with the long tradition of 13 cooperation between the state and such charities and educational 14 institution in the provision of such services; 15 (6) Laws and governmental actions that protect the free exercise 16 of religious beliefs and moral convictions about marriage and gender 17 will encourage private citizens and institutions to demonstrate 18 tolerance for those beliefs and convictions and therefore contribute 19 to a more respectful, diverse, and peaceful society; and 20 (7) In a pluralistic society, in which people of good faith hold 21 more than one view of marriage, it is possible for the government to 22 recognize same-sex marriage without forcing persons with sincerely 23 held religious beliefs or moral convictions to conform. 24 NEW SECTION. Sec. 3. As used in this chapter: 25 (1) "Person" includes any individual or any corporation, limited 26 liability company, sole proprietorship, partnership, society, club, 27 organization, association, but does not include: 28 (a) State employees acting within the scope of their employment; 29 or 30 (b) Hospitals, clinics, hospices, nursing homes, or other medical 31 or residential custodial facilities with respect to visitation, 32 recognition of a designated representative for health care decision 33 making, or refusal to provide emergency medical treatment necessary 34 to cure an illness or injury. 35 (2) "State" includes: 36 (a) Any department, commission, board, agency, or agent of the 37 state; 38 p. 2 HB 2752 (b) Any department, commission, board, agency, or agent of a 1 political subdivision of the state; and 2 (c) Any individual or entity acting under color of state law. 3 (3) "State benefit program" means any program administered or 4 funded by the state, or by any agent on behalf of the state, 5 providing cash, payments, grants, contracts, loans, or in-kind 6 assistance. 7 NEW SECTION. Sec. 4. (1) In general. Notwithstanding any 8 statute, rule, or order to the contrary, the state shall not take any 9 discriminatory action against a person, wholly or partially on the 10 basis that such person believes, speaks, or acts in accordance with a 11 sincerely held religious belief or moral conviction that: 12 (a) Marriage is and should be recognized as the union of one man 13 and one woman; 14 (b) Sexual relations are properly reserved for marriage; 15 (c) Male (man) and female (woman) refer to an individual's 16 immutable biological sex as objectively determined by anatomy and 17 genetics by time of birth. 18 (2) Discriminatory action defined. As used in subsection (1) of 19 this section, a discriminatory action means any action taken by the 20 state to: 21 (a) Alter in any way the state tax treatment of, or cause any 22 tax, penalty, or payment to be assessed against, or deny, delay, or 23 revoke an exemption from taxation of, any person referred to in 24 subsection (1) of this section; 25 (b) Disallow a deduction for state tax purposes of any charitable 26 contribution made to or by such person; 27 (c) Withhold, reduce, exclude, terminate, or otherwise make 28 unavailable or deny any state grant, contract, subcontract, 29 cooperative agreement, guarantee, loan, scholarship, license, 30 certification, accreditation, employment, or other similar position 31 or status from or to such person; 32 (d) Withhold, reduce, exclude, terminate, or otherwise make 33 unavailable or deny any entitlement or benefit under a state benefit 34 program, including admission to, equal treatment in, or eligibility 35 for a degree from an educational program, from or to such person; or 36 (e) Withhold, reduce, exclude, terminate or otherwise make 37 unavailable or deny access or an entitlement to state property, 38 facilities, educational institutions, speech fora, including 39 p. 3 HB 2752 traditional, limited, and nonpublic fora, or charitable fund-raising 1 campaigns from or to such person. 2 (3) Accreditation; licensure; certification. The state shall 3 consider accredited, licensed, or certified any person that would 4 otherwise be accredited, licensed, or certified, respectively, for 5 any purposes under state law but for a determination against such 6 person wholly or partially on the basis that the person believes, 7 speaks, or acts in accordance with a sincerely held religious belief 8 or moral conviction described in subsection (1) of this section. 9 NEW SECTION. Sec. 5. (1) Cause of action. A person may assert a 10 violation of this chapter as a claim or defense in a judicial or 11 administrative proceeding and obtain compensatory damages, injunctive 12 relief, declaratory relief, or any other appropriate relief. Standing 13 to assert a claim or defense under this section shall be governed by 14 the general rules of standing under the laws of the state. 15 (2) Administrative remedies not required. Notwithstanding any 16 other provision of law, an action under this section may be 17 commenced, and relief may be granted, in a court of the state without 18 regard to whether the person commencing the action has sought or 19 exhausted available administrative remedies. 20 (3) Attorneys' fees. In any action or proceeding to enforce a 21 provision of this chapter, a prevailing party who establishes a 22 violation of this chapter is entitled to recover reasonable 23 attorneys' fees and costs. 24 (4) Authority of the state to enforce this chapter. The attorney 25 general may bring an action for injunctive or declaratory relief 26 against any agency or authority of the state or any of its political 27 subdivisions, or an officer or employee of such agency or authority, 28 to enforce compliance with this chapter. Nothing in this subsection 29 shall be construed to deny, impair, or otherwise affect any right or 30 authority of the attorney general, the state, or any agency, officer, 31 or employee of the state, acting under any law other than this 32 subsection, to institute or intervene in any proceeding. 33 NEW SECTION. Sec. 6. No preemption, repeal, or narrow 34 construction. The protection of free exercise of religious beliefs 35 and moral convictions afforded by this chapter are in addition to the 36 protections provided under federal law, state law, and the state and 37 federal constitutions. Nothing in this chapter is construed to 38 p. 4 HB 2752 preempt or repeal any state or local law that is equally or more 1 protective of free exercise of religious beliefs or moral 2 convictions. Nothing in this chapter is construed to narrow the 3 meaning or application of any state or local law protecting free 4 exercise of religious beliefs or moral convictions. And nothing in 5 this chapter is construed to prevent the state from providing, either 6 directly or through a person, individual, or entity not seeking 7 protection under this chapter, any benefit or service authorized 8 under state law. 9 NEW SECTION. Sec. 7. If any provision of this act or its 10 application to any person or circumstance is held invalid, the 11 remainder of the act or the application of the provision to other 12 persons or circumstances is not affected. 13 NEW SECTION. Sec. 8. Sections 1 through 6 of this act 14 constitute a new chapter in Title 49 RCW. 15 --- END --- p. 5 HB 2752