Old | New | Differences | |
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1 | - | 02-26 09:45 1st Sub. (Buff) H.C.R. 15 | |
2 | - | Michael J. Petersen proposes the following substitute bill: | |
1 | + | 02-21 16:55 H.C.R. 15 | |
3 | 2 | 1 | |
4 | 3 | Concurrent Resolution Regarding Religious Freedom | |
5 | 4 | 2025 GENERAL SESSION | |
6 | 5 | STATE OF UTAH | |
7 | 6 | Chief Sponsor: Michael J. Petersen | |
8 | 7 | Senate Sponsor: Keven J. Stratton | |
9 | 8 | 2 | |
10 | 9 | ||
11 | 10 | 3 | |
12 | 11 | LONG TITLE | |
13 | 12 | 4 | |
14 | 13 | General Description: | |
15 | 14 | 5 | |
16 | 15 | This resolution supports and encourages practices that exemplify religious freedom in | |
17 | 16 | 6 | |
18 | 17 | public spaces. | |
19 | 18 | 7 | |
20 | 19 | Highlighted Provisions: | |
21 | 20 | 8 | |
22 | 21 | This resolution: | |
23 | 22 | 9 | |
24 | 23 | ▸ acknowledges the historical context that supports the inclusion of religion in government | |
25 | 24 | 10 | |
26 | 25 | and education; | |
27 | 26 | 11 | |
28 | 27 | ▸ supports the right of public school students and teachers to openly express their faith; | |
29 | 28 | 12 | |
30 | 29 | ▸ encourages the accommodation of religious observances in government and community | |
31 | 30 | 13 | |
32 | 31 | settings; | |
33 | 32 | 14 | |
34 | 33 | ▸ supports the protection of religious symbols in public spaces; and | |
35 | 34 | 15 | |
36 | 35 | ▸ encourages the fostering of respectful dialogue among diverse faith traditions. | |
37 | 36 | 16 | |
38 | 37 | Money Appropriated in this Bill: | |
39 | 38 | 17 | |
40 | 39 | None | |
41 | 40 | 18 | |
42 | 41 | Other Special Clauses: | |
43 | 42 | 19 | |
44 | 43 | None | |
45 | 44 | 20 | |
46 | 45 | ||
47 | 46 | 21 | |
48 | 47 | Be it resolved by the Legislature of the state of Utah, the Governor concurring therein: | |
49 | 48 | 22 | |
50 | 49 | WHEREAS, the Declaration of Independence states, "We hold these truths to be | |
51 | 50 | 23 | |
52 | 51 | self-evident, that all men are created equal, that they are endowed by their Creator with certain | |
53 | 52 | 24 | |
54 | 53 | unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness. That to | |
55 | 54 | 25 | |
56 | 55 | secure these rights, Governments are instituted among Men..."; | |
57 | 56 | 26 | |
58 | 57 | WHEREAS, religious freedom is a foundational principle of democratic society and a | |
59 | 58 | 27 | |
60 | 59 | fundamental human right recognized by the First Amendment of the United States | |
61 | 60 | 28 | |
62 | 61 | Constitution; | |
63 | - | 1st Sub. H.C.R. 15 1st Sub. (Buff) H.C.R. 15 02-26 09:45 | |
64 | 62 | 29 | |
65 | 63 | WHEREAS, in Thomas Jefferson's description of the Virginia Statute for Religious | |
66 | 64 | 30 | |
67 | 65 | Freedom of 1786, he established that religious freedom was meant to comprehend, within the | |
66 | + | H.C.R. 15 H.C.R. 15 02-21 16:55 | |
68 | 67 | 31 | |
69 | 68 | mantle of its protection, [Americans] of every denomination; | |
70 | 69 | 32 | |
71 | 70 | WHEREAS, in a 1790 letter to a Jewish congregation in Newport, Rhode Island, George | |
72 | 71 | 33 | |
73 | 72 | Washington wrote that the new nation he was helping build would give "to bigotry no | |
74 | 73 | 34 | |
75 | 74 | sanction, to persecution no assistance," and that "everyone shall sit in safety under his own | |
76 | 75 | 35 | |
77 | 76 | vine and fig tree and there shall be none to make him afraid."; | |
78 | 77 | 36 | |
79 | 78 | WHEREAS, Benjamin Franklin's creed, contained in his 1790 letter to Ezra Stiles, states | |
80 | 79 | 37 | |
81 | 80 | that "God [is the] creator of the universe. That he governs it by his Providence. That he ought | |
82 | 81 | 38 | |
83 | 82 | to be worshiped."; | |
84 | 83 | 39 | |
85 | - | WHEREAS, | |
84 | + | WHEREAS, John Adams taught "Our Constitution was made only for a moral and religious | |
86 | 85 | 40 | |
87 | - | ||
86 | + | People. It is wholly inadequate to the government of any other."; | |
88 | 87 | 41 | |
89 | - | and | |
88 | + | WHEREAS, the New England Primer, first published in 1690, and utilized across four | |
90 | 89 | 42 | |
91 | - | ||
90 | + | centuries, included the Ten Commandments and other theological teachings to instruct | |
92 | 91 | 43 | |
93 | - | ||
92 | + | children to read and write; | |
94 | 93 | 44 | |
95 | - | WHEREAS, the | |
94 | + | WHEREAS, Utah Constitution, Article I, Section 4, declares that the rights of conscience | |
96 | 95 | 45 | |
97 | - | ||
96 | + | shall never be infringed; | |
98 | 97 | 46 | |
99 | - | ||
98 | + | WHEREAS, in 1971, the Supreme Court in Lemon v. Kurtzman created the "Lemon Test" | |
100 | 99 | 47 | |
101 | - | ||
100 | + | that included a requirement of a secular legislative purpose, resulting in that case being cited | |
102 | 101 | 48 | |
103 | - | ||
102 | + | over 7,000 times in subsequent federal cases between the years 1971 and 2019; | |
104 | 103 | 49 | |
105 | - | WHEREAS, in | |
104 | + | WHEREAS, in 2022, the Supreme Court overturned the "Lemon Test" in Shurtleff v. | |
106 | 105 | 50 | |
107 | - | that | |
106 | + | Boston declaring that the Lemon decision was "issued during a bygone era when this court | |
108 | 107 | 51 | |
109 | - | ||
108 | + | took a more freewheeling approach to interpreting legal texts..."; | |
110 | 109 | 52 | |
111 | - | WHEREAS, in | |
110 | + | WHEREAS, in 2019, the Supreme Court declared in American Legion v. American | |
112 | 111 | 53 | |
113 | - | ||
112 | + | Humanist Association that longstanding religiously expressive monuments, symbols, and | |
114 | 113 | 54 | |
115 | - | ||
114 | + | practices require a strong presumption of constitutionality; and | |
116 | 115 | 55 | |
117 | - | WHEREAS, in | |
116 | + | WHEREAS, in 2022, the Supreme Court declared in Kennedy v. Bremerton that "The [free | |
118 | 117 | 56 | |
119 | - | ||
118 | + | exercise] clause protects not only the right to harbor religious beliefs inwardly and secretly. It | |
120 | 119 | 57 | |
121 | - | ||
120 | + | does perhaps its most important work by protecting the ability of those who hold religious | |
122 | 121 | 58 | |
123 | - | ||
122 | + | beliefs of all kinds to live out their faiths in daily life through the performance of (or | |
124 | 123 | 59 | |
125 | - | ||
124 | + | abstention from) physical acts.": | |
126 | 125 | 60 | |
127 | - | ||
126 | + | NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the | |
128 | 127 | 61 | |
129 | - | ||
128 | + | Governor concurring therein, supports and encourages practices that exemplify religious | |
130 | 129 | 62 | |
131 | - | abstention from) physical acts.": | |
132 | - | - 2 - 02-26 09:45 1st Sub. (Buff) H.C.R. 15 | |
130 | + | freedom in public spaces, including the right of public school students and teachers to openly | |
133 | 131 | 63 | |
134 | - | ||
132 | + | express their faith, accommodation of religious observances in government and community | |
135 | 133 | 64 | |
136 | - | Governor concurring therein, supports and encourages practices that exemplify religious | |
134 | + | settings, the protection of religious symbols in public spaces, and the fostering of respectful | |
135 | + | - 2 - 02-21 16:55 H.C.R. 15 | |
137 | 136 | 65 | |
138 | - | ||
137 | + | dialogue among diverse faith traditions to uphold the foundational principles of religious | |
139 | 138 | 66 | |
140 | - | ||
139 | + | liberty enshrined in the United States Constitution. | |
141 | 140 | 67 | |
142 | - | ||
141 | + | BE IT FURTHER RESOLVED that the Legislature and the Governor support protecting | |
143 | 142 | 68 | |
144 | - | dialogue among diverse faith traditions to uphold the foundational principles of religious | |
145 | - | 69 | |
146 | - | liberty enshrined in the United States Constitution. | |
147 | - | 70 | |
148 | - | BE IT FURTHER RESOLVED that the Legislature and the Governor support protecting | |
149 | - | 71 | |
150 | 143 | religious freedom and allowing individuals of all faiths to participate freely in public life. | |
151 | - | 72 | |
152 | - | BE IT FURTHER RESOLVED that copies of this resolution be sent to each county | |
153 | - | 73 | |
154 | - | legislative body, municipal legislative body, and local school board within the state. | |
155 | 144 | - 3 - |