West Virginia 2023 Regular Session

West Virginia House Bill HB2074

Introduced
1/11/23  

Caption

Places of worship may not be shut down by state of emergency

Impact

The bill not only protects religious gatherings but also sets guidelines on how religious institutions can respond if their rights are violated. It provides a structured legal recourse, allowing for a cause of action against any actions that would adversely affect these institutions, thus reinforcing the protections for religious freedom. This could have implications for various state laws concerning emergency management and civil liberties, addressing the tension that exists between public safety measures and constitutional rights.

Summary

House Bill 2074 aims to safeguard the ability of religious institutions to remain operational during declared states of emergency in West Virginia. Specifically, the bill proposes to amend the Code of West Virginia to ensure that no emergency orders can infringe upon the right to assemble for worship or hinder access to places of worship. It establishes a legal framework that allows religious institutions to seek redress through civil action if their rights are violated during such emergencies. This legislation reflects a growing concern for maintaining religious expressions and institutions amid government-imposed restrictions that could arise during crises.

Sentiment

Supporters of HB 2074 generally view it as an essential measure for protecting religious freedoms during times of emergency, arguing that it is crucial to uphold democratic values and the first amendment rights. Conversely, opponents might raise concerns about the potential for abuse of these protections, fearing that the bill could complicate the enforcement of necessary public health measures during emergencies. The sentiment is likely influenced by individual perspectives on the balance between public safety and civil liberties.

Contention

Notable points of contention around HB 2074 include debates about the appropriateness of legislating religious protections in emergency situations. Critics may challenge the necessity of the bill, arguing that existing legal frameworks already provide sufficient safeguards for religious practices. The potential for creating legal conflicts between emergency mandates and religious rights also raises questions about enforcement and judicial interpretation, leading to a polarized discussion on the bill's implications for both religious institutions and governmental authority.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3023

Places of worship may not be shut down by state of emergency

WV HB4325

Places of worship may not be shut down by state of emergency

WV HB2448

Prohibit the shutdown of churches or places of worship

WV SB19

Threats: schools and places of worship.

WV SB210

Relating to measures Governor may make during state of emergency

WV A3560

Concerns false public alarms involving places of worship.

WV S3269

Concerns false public alarms involving places of worship.

WV HB4346

Relating to the authority and obligations of the Governor and Legislature when in declared states of preparedness and emergency

WV HB2009

Relating to the authority and obligations of the Governor and Legislature when in declared states of preparedness and emergency

WV SJR4

The freedom to gather in places of worship during a state of emergency (second consideration).

Similar Bills

No similar bills found.