Utah 2025 Regular Session

Utah House Bill HCR015 Compare Versions

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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
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43 Concurrent Resolution Regarding Religious Freedom
54 2025 GENERAL SESSION
65 STATE OF UTAH
76 Chief Sponsor: Michael J. Petersen
87 Senate Sponsor: Keven J. Stratton
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109
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1211 LONG TITLE
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1413 General Description:
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1615 This resolution supports and encourages practices that exemplify religious freedom in
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1817 public spaces.
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2019 Highlighted Provisions:
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2221 This resolution:
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2423 ▸ acknowledges the historical context that supports the inclusion of religion in government
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2625 and education;
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2827 ▸ supports the right of public school students and teachers to openly express their faith;
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3029 ▸ encourages the accommodation of religious observances in government and community
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3231 settings;
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3433 ▸ supports the protection of religious symbols in public spaces; and
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3635 ▸ encourages the fostering of respectful dialogue among diverse faith traditions.
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3837 Money Appropriated in this Bill:
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4039 None
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4241 Other Special Clauses:
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4443 None
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4645
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4847 Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
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5049 WHEREAS, the Declaration of Independence states, "We hold these truths to be
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5251 self-evident, that all men are created equal, that they are endowed by their Creator with certain
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5453 unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness. That to
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5655 secure these rights, Governments are instituted among Men...";
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5857 WHEREAS, religious freedom is a foundational principle of democratic society and a
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6059 fundamental human right recognized by the First Amendment of the United States
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6261 Constitution;
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6563 WHEREAS, in Thomas Jefferson's description of the Virginia Statute for Religious
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6765 Freedom of 1786, he established that religious freedom was meant to comprehend, within the
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6968 mantle of its protection, [Americans] of every denomination;
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7170 WHEREAS, in a 1790 letter to a Jewish congregation in Newport, Rhode Island, George
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7372 Washington wrote that the new nation he was helping build would give "to bigotry no
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7574 sanction, to persecution no assistance," and that "everyone shall sit in safety under his own
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7776 vine and fig tree and there shall be none to make him afraid.";
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7978 WHEREAS, Benjamin Franklin's creed, contained in his 1790 letter to Ezra Stiles, states
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8180 that "God [is the] creator of the universe. That he governs it by his Providence. That he ought
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8382 to be worshiped.";
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85- WHEREAS, in his 1796 farewell address to the people of the United States, George
84+ WHEREAS, John Adams taught "Our Constitution was made only for a moral and religious
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87-Washington said, "Of all the dispositions and habits which lead to political prosperity, religion
86+People. It is wholly inadequate to the government of any other.";
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89-and morality are indispensable supports.";
88+ WHEREAS, the New England Primer, first published in 1690, and utilized across four
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91- WHEREAS, John Adams taught "Our Constitution was made only for a moral and religious
90+centuries, included the Ten Commandments and other theological teachings to instruct
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93-People. It is wholly inadequate to the government of any other.";
92+children to read and write;
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95- WHEREAS, the New England Primer, first published in 1690, and utilized across four
94+ WHEREAS, Utah Constitution, Article I, Section 4, declares that the rights of conscience
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97-centuries, included the Ten Commandments and other theological teachings to instruct
96+shall never be infringed;
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99-children to read and write;
98+ WHEREAS, in 1971, the Supreme Court in Lemon v. Kurtzman created the "Lemon Test"
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101- WHEREAS, Utah Constitution, Article I, Section 4, declares that the rights of conscience
100+that included a requirement of a secular legislative purpose, resulting in that case being cited
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103-shall never be infringed;
102+over 7,000 times in subsequent federal cases between the years 1971 and 2019;
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105- WHEREAS, in 1971, the Supreme Court in Lemon v. Kurtzman created the "Lemon Test"
104+ WHEREAS, in 2022, the Supreme Court overturned the "Lemon Test" in Shurtleff v.
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107-that included a requirement of a secular legislative purpose, resulting in that case being cited
106+Boston declaring that the Lemon decision was "issued during a bygone era when this court
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109-over 7,000 times in subsequent federal cases between the years 1971 and 2019;
108+took a more freewheeling approach to interpreting legal texts...";
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111- WHEREAS, in 2022, the Supreme Court overturned the "Lemon Test" in Shurtleff v.
110+ WHEREAS, in 2019, the Supreme Court declared in American Legion v. American
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113-Boston declaring that the Lemon decision was "issued during a bygone era when this court
112+Humanist Association that longstanding religiously expressive monuments, symbols, and
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115-took a more freewheeling approach to interpreting legal texts...";
114+practices require a strong presumption of constitutionality; and
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117- WHEREAS, in 2019, the Supreme Court declared in American Legion v. American
116+ WHEREAS, in 2022, the Supreme Court declared in Kennedy v. Bremerton that "The [free
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119-Humanist Association that longstanding religiously expressive monuments, symbols, and
118+exercise] clause protects not only the right to harbor religious beliefs inwardly and secretly. It
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121-practices require a strong presumption of constitutionality; and
120+does perhaps its most important work by protecting the ability of those who hold religious
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123- WHEREAS, in 2022, the Supreme Court declared in Kennedy v. Bremerton that "The [free
122+beliefs of all kinds to live out their faiths in daily life through the performance of (or
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125-exercise] clause protects not only the right to harbor religious beliefs inwardly and secretly. It
124+abstention from) physical acts.":
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127-does perhaps its most important work by protecting the ability of those who hold religious
126+ NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
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129-beliefs of all kinds to live out their faiths in daily life through the performance of (or
128+Governor concurring therein, supports and encourages practices that exemplify religious
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131-abstention from) physical acts.":
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130+freedom in public spaces, including the right of public school students and teachers to openly
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134- NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
132+express their faith, accommodation of religious observances in government and community
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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
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138-freedom in public spaces, including the right of public school students and teachers to openly
137+dialogue among diverse faith traditions to uphold the foundational principles of religious
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140-express their faith, accommodation of religious observances in government and community
139+liberty enshrined in the United States Constitution.
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142-settings, the protection of religious symbols in public spaces, and the fostering of respectful
141+ BE IT FURTHER RESOLVED that the Legislature and the Governor support protecting
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144-dialogue among diverse faith traditions to uphold the foundational principles of religious
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146-liberty enshrined in the United States Constitution.
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148- BE IT FURTHER RESOLVED that the Legislature and the Governor support protecting
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150143 religious freedom and allowing individuals of all faiths to participate freely in public life.
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152- BE IT FURTHER RESOLVED that copies of this resolution be sent to each county
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154-legislative body, municipal legislative body, and local school board within the state.
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