Lawmakers take a stand for religious freedom

Idaho lawmakers took a stand for religious freedom and against COVID-19 mandates during a long, busy day Tuesday.

In a session that began at 8 a.m. and ended at 6 p.m., the House approved a handful of bills that would prohibit school districts or employers from denying exemptions to such mandates.

It also passed legislation clarifying that injuries sustained as a result of employer vaccine mandates would qualify for workers compensation payments, along with several other measures (see sidebar).

For its part, the Senate approved a joint memorial expressing its “strong opposition” to President Joe Biden's recent COVID-19 executive orders.

In short, the day gave the Legislature's Republican majority an opportunity to beat their chests on traditional “red meat” issues that have gained heightened attention during the pandemic.

“If we aren't here to protect and defend foundational freedoms like religious freedom, then what are we here for?” asked Rep. Gayann DeMordaunt, R-Eagle. “This is what my constituents sent me here to do.”

Much of the passion on the House side Tuesday came during the debate on House Bill 414, a measure sponsored by House Majority Leader Mike Moyle, R-Star.

The bill creates a new section of state code that says individuals can “refuse medical treatment of any kind based on their sincerely held religious beliefs.”

It also prohibits employers and government entities from questioning the sincerity of those beliefs.

The law currently allows medical and religious exemptions to vaccine mandates, Moyle said. In many cases, though, requests for religious exemptions can be denied if employers decide they aren't based on sincerely held beliefs.

“The problem is, someone else is deciding what your religion is,” Moyle said. “My family came across the ocean in a boat for one reason – religious freedom. This country was founded on what? Religious freedom. This bill makes it clear that my sincerely held religious beliefs are none of your damn business.”

As sympathetic as most lawmakers were to that view, the inability to question the nature and sincerity of someone's religious beliefs gave some pause.

“Not every personal belief rises to the level of a religious tenet,” said Rep. Greg Chaney, R-Caldwell. “By attempting to elevate these things to the level of religiosity, you don't elevate anything. You actually lower what it means to have religious faith.”

He noted that people have created a “Church of Pot” or a church of “magic mushrooms,” in an effort to evade various drug laws.

“It's specifically because of how important religious freedom is that we shouldn't tinker with it,” Chaney said. “When we do that, we cheapen the idea of faith.”

Given what's happening in the marketplace today, however, Moyle said additional legal protection is needed to ensure that employees don't have to choose between keeping their jobs and adhering to their religious beliefs.

“If we have religious freedom today, we wouldn't be in this building,” he said. “We wouldn't be here, because businesses would be approving exemptions already. The problem would be solved.”

The bill passed on a 46-24 vote and advanced to the Senate. All the representatives from north central Idaho supported the measure.

Spence may be contacted at bspence@lmtribune.com or (208) 791-9168.

The House approved a number of other bills Tuesday, including:

HB 417 – This bill creates the presumption that any accident or injury caused by an employer-mandated vaccine shall be a compensable injury under Idaho's workers compensation laws.

The legislation is co-sponsored by Reps. Jason Monks, R-Meridian, and Bruce Skaug, R-Nampa, but passed 67-3 with broad bipartisan support.

“This is a fairness bill,” said Rep. John Gannon, D-Boise. “If an employer is going to require vaccinations and there are adverse consequences, then basic fairness says the employee should be compensated … All this bill is doing is leveling the field, so fairness rules the day.”

HB 412 – Sponsored by Rep. Skaug, this measure prohibits discrimination based on someone's vaccination status.

That includes prohibiting private employers from denying access or service to someone who isn't vaccinated. They also couldn't fire unvaccinated individuals or bar them from employment.

The legislation passed 48-22. Rep. Caroline Troy, R-Genesee, was the only north central Idaho lawmaker to oppose the measure.

HB 429 – A bill that lets parents exempt their children from school mask mandates, and that prohibits schools from limiting access for those children to any school activities or programs.

The bill passed 42-28, after another passionate debate. Rep. Troy and Rep. Lori McCann, R-Lewiston, voted against the legislation; all other lawmakers from north central Idaho supported it.

HB 419 – A “don't ask, don't tell” bill that prohibits employers from requiring employees to disclose their vaccination status.

Given President Joe Biden's recent COVID-19 executive orders, House Minority Leader Ilana Rubel, D-Boise, noted this legislation puts Idaho businesses in the position of having to choose whether to violate federal requirements or state law. The bill passed 41-27.

HB 421 – The bill codifies in state law the executive order Gov. Brad Little issued earlier this year, which banned the use of vaccine passports by any state executive branch agency. It passed 50-18, with all north central Idaho representatives in support.

HB 415 – The legislation creates a new section of state code which mandates that employers who require vaccinations as a condition of employment must grant exemptions based on an employee's medical, religious or philosophical beliefs, or if they've previously been infected with COVID-19.

The bill passed 43-24. Reps. Troy and McCann opposed the legislation; all other north central lawmakers supported it.

All of the House bills approved Tuesday advanced to the Senate. Some of them will have hearings in the Senate State Affairs Committee this morning.