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Michael J. Petersen proposes the following substitute bill:
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Concurrent Resolution Regarding Religious Freedom
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael J. Petersen
Senate Sponsor: Keven J. Stratton
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LONG TITLE
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General Description:
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This resolution supports and encourages practices that exemplify religious freedom in
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public spaces.
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Highlighted Provisions:
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This resolution:
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▸ acknowledges the historical context that supports the inclusion of religion in government
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and education;
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▸ supports the right of public school students and teachers to openly express their faith;
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▸ encourages the accommodation of religious observances in government and community
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settings;
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▸ supports the protection of religious symbols in public spaces; and
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▸ encourages the fostering of respectful dialogue among diverse faith traditions.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
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WHEREAS, the Declaration of Independence states, "We hold these truths to be
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self-evident, that all men are created equal, that they are endowed by their Creator with certain
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unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness. That to
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secure these rights, Governments are instituted among Men...";
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WHEREAS, religious freedom is a foundational principle of democratic society and a
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fundamental human right recognized by the First Amendment of the United States
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Constitution;
1st Sub. H.C.R. 15 1st Sub. (Buff) H.C.R. 15 02-26 09:45
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WHEREAS, in Thomas Jefferson's description of the Virginia Statute for Religious
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Freedom of 1786, he established that religious freedom was meant to comprehend, within the
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mantle of its protection, [Americans] of every denomination;
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WHEREAS, in a 1790 letter to a Jewish congregation in Newport, Rhode Island, George
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Washington wrote that the new nation he was helping build would give "to bigotry no
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sanction, to persecution no assistance," and that "everyone shall sit in safety under his own
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vine and fig tree and there shall be none to make him afraid.";
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WHEREAS, Benjamin Franklin's creed, contained in his 1790 letter to Ezra Stiles, states
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that "God [is the] creator of the universe. That he governs it by his Providence. That he ought
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to be worshiped.";
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WHEREAS, in his 1796 farewell address to the people of the United States, George
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Washington said, "Of all the dispositions and habits which lead to political prosperity, religion
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and morality are indispensable supports.";
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WHEREAS, John Adams taught "Our Constitution was made only for a moral and religious
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People. It is wholly inadequate to the government of any other.";
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WHEREAS, the New England Primer, first published in 1690, and utilized across four
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centuries, included the Ten Commandments and other theological teachings to instruct
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children to read and write;
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WHEREAS, Utah Constitution, Article I, Section 4, declares that the rights of conscience
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shall never be infringed;
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WHEREAS, in 1971, the Supreme Court in Lemon v. Kurtzman created the "Lemon Test"
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that included a requirement of a secular legislative purpose, resulting in that case being cited
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over 7,000 times in subsequent federal cases between the years 1971 and 2019;
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WHEREAS, in 2022, the Supreme Court overturned the "Lemon Test" in Shurtleff v.
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Boston declaring that the Lemon decision was "issued during a bygone era when this court
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took a more freewheeling approach to interpreting legal texts...";
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WHEREAS, in 2019, the Supreme Court declared in American Legion v. American
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Humanist Association that longstanding religiously expressive monuments, symbols, and
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practices require a strong presumption of constitutionality; and
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WHEREAS, in 2022, the Supreme Court declared in Kennedy v. Bremerton that "The [free
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exercise] clause protects not only the right to harbor religious beliefs inwardly and secretly. It
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does perhaps its most important work by protecting the ability of those who hold religious
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beliefs of all kinds to live out their faiths in daily life through the performance of (or
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abstention from) physical acts.":
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NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
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Governor concurring therein, supports and encourages practices that exemplify religious
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freedom in public spaces, including the right of public school students and teachers to openly
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express their faith, accommodation of religious observances in government and community
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settings, the protection of religious symbols in public spaces, and the fostering of respectful
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dialogue among diverse faith traditions to uphold the foundational principles of religious
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liberty enshrined in the United States Constitution.
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BE IT FURTHER RESOLVED that the Legislature and the Governor support protecting
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religious freedom and allowing individuals of all faiths to participate freely in public life.
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BE IT FURTHER RESOLVED that copies of this resolution be sent to each county
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legislative body, municipal legislative body, and local school board within the state.
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