Louisiana 2016 2016 Regular Session

Louisiana House Bill HB597 Comm Sub / Analysis

                    DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part of the
legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 597 Reengrossed 2016 Regular Session	Mike Johnson
Abstract:  Provides for the rights of religious organizations and its employees and clergy to refuse
participation in certain marriages.
Present law protects the free exercise of religion.
Proposed law retains present law and creates the Pastor Protection Act. 
Proposed law provides that a legally recognized church or faith under state or federal tax law or
regulation, or a religious organization that meets the qualifications of the United States Internal
Revenue Code, Section 501(c)(3), a member of the clergy of a recognized church, faith, or religious
organization, or an individual employed by a legally recognized church, faith, or religious
organization described in the Pastor Protection Act, acting in the scope of such employment, may
not be required by the state to solemnize a marriage, nor provide access to facilities, services,
accommodations, goods, or privileges of the church, faith, or religious organization for a purpose
related to the solemnization, formation, or celebration of that marriage, if the actions would be
contrary to church doctrine, practice, or would violate the religious beliefs and principles of the
clergy, church, or religious organization.  Provides that a refusal pursuant to proposed law shall not
serve as the basis for a civil, criminal, or other punitive action by the state or a political subdivision.
Proposed law does not apply to the marriage of a heterosexual interracial couple. 
(Adds R.S. 13:5243-5247)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Removes the language "in connection with" such that the bill applies to organizations
that are "supervised or controlled by" religious organizations but not to organizations that
are "in connection with" religious organizations. 
The House Floor Amendments to the engrossed bill:
1. Clarifies the definition of a religious organization as one that meets the qualifications of
the United States Internal Revenue Code, Section 501(c)(3). 2. Adds that the Act does not apply to weddings of heterosexual interracial couples. 
3. Adds that nothing in the Act may be construed or applied in derogation of Louisiana's
tradition of tolerance of all people.