SENATE JOINT RESOLUTION NO. 6
(By Senators Barnes, Nohe and Jenkins)
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[Introduced January 8, 2014; 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 may, 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
may establish any official religion, nor may a citizen's right to
pray or express his or her religious beliefs be infringed; that the
state may not coerce any person to participate in any prayer or
other religious activity, but shall ensure that any person has the
right to pray individually or corporately in a private or public
setting so long as the 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 have the right to pray on
government premises and public property so long as the prayers
abide within the same parameters placed upon any other free speech
under similar circumstances; that the Legislature 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 Legislature 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 may
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 the prayer or other expression is private
and voluntary, whether individually or corporately, and in a
manner that is not disruptive and as long as the 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 does not
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.