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HB16-1123: Religious Freedom Of Certain Religious Persons

Freedom of Expression & Religion | LGBT Equality | Marriage Equality
Bill Number: HB16-1123
Year: 2016
ACLU Position: Oppose
Sponsors: G. Klingenschmitt / K. Lundberg

Description:

Section 2 of the bill grants an exemption to clergy, ministers, and
religiously affiliated organizations from any requirement to participate in
religious or other ceremonies, including marriage, that would conflict
with their sincerely held religious beliefs. The bill does this by amending
the public accommodations laws to specify that for the purpose of the
solemnization of any marriage or religious ceremony or for providing
services, accommodations, facilities, goods, or privileges related to the
solemnization of any marriage or religious ceremony, place of public
accommodation does not include a place principally used by a religious
organization, an organization supervised or controlled by a religious
organization, or an organization with a connection to a religious
organization. Section 2 of the bill further amends the public
accommodations laws to specify that for the purpose of the solemnization
of any marriage or religious ceremony or for providing services,
accommodations, facilities, goods, or privileges related to the
solemnization of any marriage or religious ceremony, person does not
include a clergy member, a minister, or an individual acting within the
scope of his or her employment with a religious organization, an
organization supervised or controlled by a religious organization, or an
organization with a connection to a religious organization. The bill
specifies that a refusal to provide services by a clergy member, a minister,
or an individual associated with a religious organization is not the basis
for a civil or criminal action or any other action by this state or political
subdivision of this state.
Section 3 of the bill amends the city and county sales tax
ordinance laws to require a city and county to include the state exemption
for charitable organizations in their sales tax ordinances.
Sections 4 through 7 of the bill specify in certain tax laws that the
tax exempt status of an organization exempt from taxation under federal
tax law may not be withheld if the organization, or an employee acting
within the scope of that employment, chooses not to solemnize any
marriage or religious ceremony or provide services, accommodations,
facilities, goods, or privileges for a purpose related to the solemnization
of any marriage or religious ceremony if the action would cause the
organization to violate a sincerely held religious belief.


Current Status:

House Committee on State, Veterans, & Military Affairs Postpone Indefinitely (02/08/2016)



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