Introduced Version
Senate Joint Resolution 5 History
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Key: Green = existing Code. Red = new code to be enacted
SENATE JOINT RESOLUTION NO. 5
(By Senator Barnes)
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[Introduced February 18, 2013; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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Proposing an amendment to the Constitution of the State of West
Virginia, amending section fifteen, article III thereof,
relating to religious freedom; numbering and designating such
proposed amendment; and providing a summarized statement of
the purpose of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of
the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment
to the Constitution of the State of West Virginia be submitted to
the voters of the state at the next general election to be held in the year 2014, or at any special election held prior thereto, for
the purpose of presenting to the voters of the state the question
of ratification or rejection of an Amendment to the Constitution of
the State of West Virginia, which proposed amendment is that
section fifteen, article III thereof be amended to read as follows:
ARTICLE III. RELIGIOUS FREEDOM GUARANTEED.
§15.
That all men and women have a natural and indefeasible right
to worship Almighty God according to the dictates of their own
consciences; that no human authority can control or interfere with
the rights of conscience; that no person shall, on account of his
or her religious persuasion or belief, be rendered ineligible to
any public office or trust or profit in this state, be disqualified
from testifying or serving as a juror, or be molested in his or her
person or estate; that to secure a citizen's right to acknowledge
Almighty God according to the dictates of his or her own
conscience, neither the state nor any of its political subdivisions
shall establish any official religion, nor shall a citizen's right
to pray or express his or her religious beliefs be infringed; that
the state shall not coerce any person to participate in any prayer
or other religious activity, but shall ensure that any person shall
have the right to pray individually or corporately in a private or public setting so long as such prayer does not result in
disturbance of the peace or disruption of a public meeting or
assembly; that citizens as well as elected officials and employees
of the state of West Virginia and its political subdivisions shall
have the right to pray on government premises and public property
so long as such prayers abide within the same parameters placed
upon any other free speech under similar circumstances; that the
General Assembly and the governing bodies of political subdivisions
may extend to ministers, clergy persons and other individuals the
privilege to offer invocations or other prayers at meetings or
sessions of the General Assembly or governing bodies; that students
may express their beliefs about religion in written and oral
assignments free from discrimination based on the religious content
of their work; that no student shall be compelled to perform or
participate in academic assignments or educational presentations
that violate his or her religious beliefs; that the state shall
ensure public school students their right to free exercise of
religious expression without interference, as long as such prayer
or other expression is private and voluntary, whether individually
or corporately, and in a manner that is not disruptive and as long
as such prayers or expressions abide within the same parameters
placed upon any other free speech under similar circumstances; and, to emphasize the right to free exercise of religious expression,
that all free public schools receiving state appropriations shall
display, in a conspicuous and legible manner, the text of the Bill
of Rights of the Constitution of the United States; but this
section shall not be construed to expand the rights of prisoners in
state or local custody beyond those afforded by the laws of the
United States, excuse acts of licentiousness, nor to justify
practices inconsistent with the good order, peace or safety of the
state, or with the rights of others.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, 1931,
as amended, such proposed amendment is hereby numbered "Amendment
No. 1" and designated as the "Religious Freedom Guaranteed
Amendment" and the purpose of the proposed amendment is summarized
as follows: "To amend the State Constitution in order to strengthen
and clarify religious freedom, in particular the right to pray and
express religious beliefs, in private and public places."
NOTE: The purpose of this resolution is to strengthen and
clarify right to pray and express one's religious beliefs in
private and public settings.
This section has been completely rewritten; therefore,
strike-throughs and underscoring have been omitted.
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