A law that would extend protections for religious liberty to cover financing and contracts from the government has been approved by both houses of the Oklahoma Legislature and is now waiting for the signature of Republican Governor Kevin Stitt.
The Act aims to alleviate worries about potential prejudice against religious people and organizations applying for contracts or funding from the government.
Oklahoma Bill Aims to Prevent Exclusion Based on Religion, Sparks Controversy
According to Catholic News Agency, the Religious Freedom Act seeks to broaden the definition of a substantial burden to include contracts with the government and the receipt of state funds. Right now, it is illegal for some of the government entities to put some "substantial burden" on a person's right to exercise their religion, "even if the burden results from a rule of general applicability."
The proposed law states that excluding any person or entity from participating in or receiving governmental funds, benefits, programs, or exemptions based solely on their religious character or affiliation would be a substantial burden.
The Senate have passed the bill with a unanimous vote of 38-7 and in also in the House with a vote of 64-27. Republicans were the primary supporters of the legislation, while most Democrats opposed it. If Governor Stitt signs the legislation into law, it will expand protections for religious liberty and help prevent potential discrimination against religious organizations in public affairs.
The implications of the Oklahoma Religious Freedom Act are still being debated as Governor Kevin Stitt waits to sign it. According to Oklahoma's News 4, the legislation's co-author, Rep. Jon Echols, R-OKC, noted that rather than ensuring universal participation, it tries to prohibit discrimination based on religion. He said that changing the word "religion" to "gender" or "sex" would make the law less contentious.
Rep. Monroe Nichols, D-Tulsa, argues that discrimination against religious organizations is not an issue in Oklahoma, which is why he believes the legislation is unnecessary. Rep. Andy Fugate, a Democrat from Oklahoma City, said that making Oklahomans pay for religious activities at schools supported by religion would place a heavy financial burden on taxpayers.
Attorney General Gentner Drummond recently withdrew an earlier opinion that would have permitted state-funded religious charter schools on the grounds that it was inconsistent with the state constitution. Although Echols acknowledged the decision during the debate and claimed that the Oklahoma Religious Freedom Act is unrelated to the Attorney General's action, SB404 does not explicitly address state-funded religious charter schools.
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Oklahoma Senate Bill Raises Concerns Over Religious Discrimination and Funding for Catholic Charter School
Sen. Julie Daniels and Rep. Jon Echols are the sponsors of SB 404, which is referred to be a "religious discrimination" remedy. According to Tulsa World, some opponents, including seven Republicans, believe it might be a covert effort to assist the Catholic Archdiocese of Oklahoma City in obtaining state money for a Catholic online charter school.
Democrats asserted that Daniels spoke about working with church leaders during a Senate discussion. Still, neither the audio of that conversation nor the transcript of the committee hearing on the bill contained that claim. Daniels did appreciate the archdiocese's contribution to the development of the measure.
The bill suggests amending the current law to add a clause declaring it a substantial burden to deny any person or organization access to or receipt of government funds, services, programs, or exemptions based on their religious affiliation or character. Additionally, it suggests that one sentence from the current law be deleted.
The parties involved agree that these modifications would transfer the burden of proof from the state to the religious organization alleging discrimination.
Related Article: Religious Freedom Bill Advances to Senate After Clearing House Vote
