House Bill 2873: West Virginia Religious Freedom Restoration Act

West Virginia
West Virginia

Last Updated: March 14, 2011
House Bill 2873: West Virginia Religious Freedom Restoration Act
Delegates Miley, T. Campbell, Hamilton, and Ellem

If passed, HB 2873 would prohibit the government from substantially burdening a person's exercise of religion unless it demonstrates that such a burden is essential to further a compelling governmental interest and it is the least restrictive means of furthering that interest.

HSLDA's Position:
Action Requested:
None at this time

1/26/2011     (House)     Introduced and referred to House Judiciary
3/12/2011     (House)     This bill died when the legislature adjourned on March 12, 2011


On June 25, 1997, by a 6-3 majority, the U.S. Supreme Court ruled in The City of Boerne v. Flores that the 1993 federal Religious Freedom Restoration Act (RFRA) was unconstitutional. By doing this, the Court gave the lowest level of protection to religious liberty. Under this minimal standard, the state can override a citizen’s right to freely exercise his or her religious beliefs by simply proving that its regulation is “reasonable.” Since nearly all state regulations can be determined to be “reasonable,” religious freedom is exceedingly limited.

 Other Resources

Bill Text

Bill History

Michael Donnelly's complete testimony before the Judiciary Committee last fall.