A bill aimed at preventing the state from passing laws that substantially burden religious exercise will likely not receive a hearing in the state House this session.
Supporters of House Bill 1624 — dubbed the Hawaii Religious Freedom Restoration Act — successfully pulled the bill to the House floor after the House Judiciary Committee declined to hold a hearing before Thursday’s internal procedural deadline to advance legislation between committees. A majority, however, voted to send the bill back to the House Judiciary Committee, which effectively kills it for the session.
The bill, introduced by Rep. Marcus Oshiro (D, Wahiawa-Whitmore-Poamoho), would prevent the government from passing laws that burden religious freedom unless the government shows that it furthers a compelling government interest and uses the least restrictive means possible.
Oshiro and other lawmakers had unsuccessfully tried to insert the legal standard into the gay marriage bill that was passed in special session last year.
Rep. Bob McDermott (R, Ewa Beach-Iroquois Point), who proposed the motion to pull the bill from committee, said the bill "balances religious liberty versus newly created rights" and would help to heal the wounds tied to the special session on gay marriage.
Under the same-sex marriage law, which took effect in December, clergy have the right to refuse to perform gay weddings, and churches and other religious organizations can decline to provide goods, services and facilities for gay weddings and celebrations if it violates religious beliefs.
Rep. Karl Rhoads (D, Chinatown-Iwilei-Kalihi), chairman of the House Judiciary Committee, said lawmakers had discussed the issue during the debate over several proposed amendments to the gay marriage bill in special session.
"This body had many opportunities to discuss this language," he said.
Proponents of the bill, however, retorted that the move was about giving the community — including the 2,500 people who have sent email notes to lawmakers, demanding a hearing — a chance to be heard.
"I can think of 2,500 reasons why we should hear the bill," said Rep. Richard Lee Fale (R, Waialua-Kahuku-Waiahole).
McDermott’s motion to pull the bill from committee passed with 18 lawmakers voting in favor, 28 lawmakers in opposition and five lawmakers excused. Such motions require support from one-third of the House. A majority agreed to recommit the bill in a voice vote.
