West Virginia "Religious Freedom" Amendment (2014)

Not on Ballot
This measure was not put on an election ballot

The West Virginia "Religious Freedom" Amendment was not on the November 4, 2014 ballot in West Virginia as a legislatively referred constitutional amendment. The measure would have clarified and "strengthen[ed]" constitutionally provided religious freedoms.

The measure's assigned name was Religious Freedom Guaranteed Amendment.

The proposed amendment was sponsored in the West Virginia Legislature by Senate Minority Whip Clark Barnes (R-11) as Senate Joint Resolution 6.

Text of measure

Ballot summary

The proposed ballot purpose summary read as follows:

“

To amend the State Constitution in order to strengthen and clarify religious freedom, in particular the right to pray and express religious beliefs, in private and public places.

”

Constitutional changes

The proposed amendment would have added a Section 15b to Article III, also known as the Bill of Rights, of the Constitution of West Virginia:

§15. Religious Freedom Guaranteed. That all men and women have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no human authority can control or interfere with the rights of conscience; that no person may, on account of his or her religious persuasion or belief, be rendered ineligible to any public office or trust or profit in this state, be disqualified from testifying or serving as a juror, or be molested in his or her person or estate; that to secure a citizen's right to acknowledge Almighty God according to the dictates of his or her own conscience, neither the state nor any of its political subdivisions may establish any official religion, nor may a citizen's right to pray or express his or her religious beliefs be infringed; that the state may not coerce any person to participate in any prayer or other religious activity, but shall ensure that any person has the right to pray individually or corporately in a private or public setting so long as the prayer does not result in disturbance of the peace or disruption of a public meeting or assembly; that citizens as well as elected officials and employees of the State of West Virginia and its political subdivisions have the right to pray on government premises and public property so long as the prayers abide within the same parameters placed upon any other free speech under similar circumstances; that the Legislature and the governing bodies of political subdivisions may extend to ministers, clergy persons and other individuals the privilege to offer invocations or other prayers at meetings or sessions of the Legislature or governing bodies; that students may express their beliefs about religion in written and oral assignments free from discrimination based on the religious content of their work; that no student may be compelled to perform or participate in academic assignments or educational presentations that violate his or her religious beliefs; that the state shall ensure public school students their right to free exercise of religious expression without interference, as long as the prayer or other expression is private and voluntary, whether individually or corporately, and in a manner that is not disruptive and as long as the prayers or expressions abide within the same parameters placed upon any other free speech under similar circumstances; and, to emphasize the right to free exercise of religious expression, that all free public schools receiving state appropriations shall display, in a conspicuous and legible manner, the text of the Bill of Rights of the Constitution of the United States; but this section does not expand the rights of prisoners in state or local custody beyond those afforded by the laws of the United States, excuse acts of licentiousness, nor to justify practices inconsistent with the good order, peace or safety of the state or with the rights of others.

Support

Supporters

• Sen. Clark Barnes (R-11)
• Sen. David Nohe (R-3)
• Sen. Evan Jenkins (R-5)

Path to the ballot

See also: Amending the West Virginia Constitution

According to the West Virginia Constitution, a two-thirds vote in both chambers of the West Virginia Legislature was required to refer the amendment to the ballot.

See also

Suggest a link

• 2014 ballot measures
• West Virginia 2014 ballot measures

External links

• Senate Joint Resolution 6

Footnotes

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