Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB404

Introduced
2/6/23  
Refer
2/7/23  
Report Pass
2/23/23  
Engrossed
3/8/23  
Refer
3/29/23  
Report Pass
4/5/23  
Enrolled
4/26/23  

Caption

Oklahoma Religious Freedom Act; establishing exclusion from certain funds or benefits for certain reasons as substantial burden. Effective date.

Impact

The impact of SB404 on Oklahoma laws is significant, as it reaffirms the state's commitment to protecting religious freedom by ensuring that religious entities are not disadvantaged compared to non-religious organizations. By stipulating that any governmental interference must be necessary to advance a compelling governmental interest and must employ the least restrictive means, the bill seeks to create a high threshold for any regulations that could affect religious practices. This could potentially influence regulations related to health and security, especially in the context of public health efforts.

Summary

Senate Bill 404, also known as legislation amending the Oklahoma Religious Freedom Act, primarily focuses on preventing governmental entities from imposing substantial burdens on a person's or entity's free exercise of religion. The bill aims to clarify what constitutes a substantial burden and explicitly states that excluding religious organizations from receiving government funds or benefits based solely on their religious character qualifies as such. It emphasizes that government closures or restrictions affecting religious institutions cannot be more stringent than those placed on similar private entities.

Sentiment

The sentiment around SB404 appears to be polarized. Proponents argue that the bill is essential for safeguarding religious freedoms against overreach by government entities, particularly in times of crisis where restrictions may be applied to religious gatherings. Conversely, opponents express concern that the bill may be used to justify discrimination against marginalized communities, especially concerning funding for services that could include same-sex marriage or other civil rights issues. This highlights ongoing tensions between religious freedom and civil rights in Oklahoma.

Contention

Notable points of contention surrounding SB404 involve debates over the definitions of 'substantial burden' and the implications of exempting religious institutions from certain state regulations. Critics argue that the legislation could undermine equal treatment under the law by allowing religious organizations to claim exemptions that might negatively impact individuals' rights, particularly those of LGBTQ+ individuals. While supporters maintain that the bill is a necessary protection for religious beliefs, the potential unintended consequences give rise to heated discussions about the balance between religious freedom and civil liberties.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.