Dan Rosecrans of KDAZ AM730 in Albuquerque, NM for FGGAM NEWS
In 2000 New Mexico’s Legislature passed a Religious Freedom Restoration Act.
We are one of twenty states, with Indiana’s recent RFRA passage, to hold laws
closely aligned to the 1993 Federal RFRA Act.
Do these laws discriminate?
Our RFRA didn’t help Elane Photography. The Albuquerque photographers attempted
to politely decline the offer to photograph a gay couple’s commitment ceremony
on religious grounds. We now know that didn’t work out so well. The New Mexico
Supreme Court ruled against the Christian photographers on a 5-0 vote.
It appears the Indiana Legislature wrote their RFRA laws with the Elane case in
mind. Could that be why the uproar?Possibly Indiana wrote a law that would
actually protect religious freedom. That would anger the politically correct
crowd, would it not?
NEW MEXICO:
(Laws of 2000, 2nd Special Session, Chapter 17)
§ 28-22-1. Short title
Sections 1 through 5 of this act may be cited as the “New Mexico Religious Freedom Restoration Act”.
§ 28-22-2. Definitions
As used in the New Mexico Religious Freedom Restoration Act:
A. “free exercise of religion” means an act or a refusal to act that is substantially motivated by religious belief; and
B. “government agency” means the state or any of its political subdivisions, institutions, departments, agencies, commissions, committees, boards, councils, bureaus or authorities.
§ 28-22-3. Religious freedom protected; exceptions
A government agency shall not restrict a person’s free exercise of religion unless:
A. the restriction is in the form of a rule of general applicability and does not directly discriminate against religion or among religions; and
B. the application of the restriction to the person is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.
§ 28-22-4. Private remedies
A. A person whose free exercise of religion has been restricted by a violation of the New Mexico Religious Freedom Restoration Act may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government agency, including:
(1) injunctive or declaratory relief against a government agency that violates or proposes to violate the provisions of the New Mexico Religious Freedom Restoration Act; and
(2) damages pursuant to the Tort Claims Act, reasonable attorney fees and costs.
B. Immunity from liability of the government agency and its employees is waived for an action brought pursuant to this section.
§ 28-22-5. Construction of Act
Nothing in the New Mexico Religious Freedom Restoration Act authorizes a government agency to burden a person’s free exercise of religion. The protection of the free exercise of religion granted in that act is in addition to the protections granted by federal law and the state and federal constitutions. The New Mexico Religious Freedom Restoration Act does not affect the grant of benefits or tax exemptions to religious organizations nor does it impair any other exemptions granted by law.
Click on this headline for more:
