Texas House Bill HB3571

Texas 2017 - 85th Regular

Caption

Relating to civil actions based on and local governmental punishment of a person's refusal to violate the person's sincerely held religious belief.

Impact

The legislation also amends the Local Government Code, making it illegal for counties or municipalities to impose fines on individuals who refuse to comply with ordinances that would force them to act against their religious convictions. This provision would have significant implications, as it limits the power of local governments to enforce nondiscrimination measures if they conflict with an individual's religious beliefs. As a result, local governments would have to navigate a complex intersection of civil rights and religious freedom when crafting policies.

Summary

House Bill 3571 relates to civil actions and activities of local governments concerning individuals' refusal to act against their sincerely held religious beliefs. The bill amends the Civil Practice and Remedies Code by introducing a new affirmative defense for those facing discrimination claims on the basis of non-religious characteristics. Specifically, it allows defendants to argue that compliance with a law would require them to violate their sincerely held religious beliefs, thereby providing legal protection against certain civil actions.

Contention

Opponents of HB 3571 argue that it may pave the way for discrimination under the guise of religious freedom, potentially undermining established protections against discrimination for vulnerable populations. Concerns have been raised that this bill could allow individuals to opt-out of ordinances designed to protect minorities, leading to a weakening of nondiscrimination laws at the local level. Proponents, however, contend that it is necessary to safeguard individuals' rights to religious expression, emphasizing that religious beliefs should not be penalized or ignored in favor of secular regulations.