HLS 20RS-1361 ORIGINAL
2020 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 54
BY REPRESENTATIVE EDMONSTON
RELIGIOUS ORGANIZATIONS: Expresses the intent of the legislature that the exercise
of religious freedom shall be protected during a state of emergency
1 A CONCURRENT RESOL UTION
2To express the intent of the legislature that the Preservation of Religious Freedom Act shall
3 apply to protect the religious freedom of all citizens of Louisiana during a state of
4 emergency.
5 WHEREAS, R.S. 24:177(B)(2)(b) provides that the "legislature may express the
6intended meaning of a law in a duly adopted concurrent resolution, by the same vote and,
7except for gubernatorial veto and time limitations for introduction, according to the same
8procedures and formalities required for enactment of that law; and
9 WHEREAS, during the 2010 Regular Session of the Legislature, Act No. 793 was
10enacted into law providing for the Preservation of Religious Freedom Act, R.S. 13:5231
11through 5242; and
12 WHEREAS, R.S. 13:5232(1) provides that the free exercise of religion is a
13fundamental right of the highest order in this state; and
14 WHEREAS, R.S. 13:5232(3) and (4) provide that it was the intent of the legislature
15and the people of Louisiana in 1974 to provide the same level of protection for an action of
16the government that explicitly burdened religious exercise as for an action that indirectly
17burdened religious exercise through its effect; and
18 WHEREAS, R.S. 13:5233 prohibits the government from substantially burdening a
19person's exercise of religion, even if the burden results from a facially neutral rule or a rule
20of general applicability, unless it demonstrates that application of the burden to the person
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HCR NO. 54
1is both: (1) in furtherance of a compelling governmental interest and (2) the least restrictive
2means of furthering that compelling governmental interest; and
3 WHEREAS, on March 22, 2020, during the COVID-19 public health emergency,
4Governor John Bel Edwards issued proclamation 33 JBE 2020, which imposed a stay-at-
5home order cancelling all gatherings of ten people or more, thereby effectively restricting
6Louisiana citizens' ability to assemble and practice their religion.
7 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
8express its intent regarding the meaning of the Religious Freedom Protection Act to include
9providing protections during a declared state of emergency.
10 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
11governor.
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)]
HCR 54 Original 2020 Regular Session Edmonston
Present law (R.S. 24:117(B)(2)) authorizes the legislature to express the intended meaning
of a law in a duly adopted concurrent resolution, by the same vote and, except for
gubernatorial veto and time limitations for introduction, according to the same procedures
and formalities required for enactment of that law.
Present law (R.S. 13:5231 - 5242) which was enacted pursuant to Act No. 793 of the 2010
Regular Session of the Legislature prohibits the government from substantially burdening
a person's exercise of religion, even if the burden results from a facially neutral rule or a rule
of general applicability, unless it demonstrates that application of the burden to the person
is both: (1) in furtherance of a compelling governmental interest and (2) the least restrictive
means of furthering that compelling governmental interest.
Proposed resolution expresses the intent of the legislature regarding the meaning of the
Preservation of Religious Freedom Act to protect the religious freedom of all citizens of
Louisiana during a state of emergency.
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