LINCOLN — Nebraska lawmakers advanced a bill boosting protections for religious freedom Tuesday while discussions continue about what should be the limits of that freedom.
Legislative Bill 43 cleared first-round consideration on a 37-0 vote. The original bill was introduced by State Sen. Rita Sanders of Bellevue to tip the balance toward individual liberty in cases involving state rules and regulations.
The Government, Military and Veterans Affairs Committee last year folded in five other proposals dealing with religious freedom, students wearing tribal regalia and access to public records.
Most of Tuesday’s debate focused on the portion that Sen. Tom Brewer of Gordon, the committee chairman, had introduced as LB 277, the “First Freedom Act.” He said he started working on the proposal because of Native American students whose religious rights had been denied.
He pointed in particular to a case in the Cody-Kilgore schools, where a school employee cut the hair of two Lakota students without parental permission and against the family’s religious beliefs. The district settled a lawsuit brought by the parents last year.
Brewer said the bill expanded in scope because of concerns about COVID-era restrictions on church services. The result is similar to laws passed in 23 other states.
The first half of the bill would prohibit any state action that would “substantially burden” a person’s right to exercise their religion, unless the action was “essential to further a compelling government interest” or was done during a state of emergency and was proportional to other restrictions during that period.
Under the bill, the prohibition would apply without regard to any other state or local law. But some lawmakers raised concerns about whether that provision would allow people to be hurt or discriminated against in the name of religious freedom.
“States should not impose on your religion, but you should not impose your religion on your neighbor,” said Sen. John Cavanaugh of Omaha. He said there have been cases in other states where religious freedom arguments have been used to take away access to contraceptives or discriminate against people based on sexual orientation or gender identity.
He offered an amendment to limit the proposed religious protections from applying to laws dealing with discrimination, equal opportunity, collective bargaining, child labor, child abuse and access to health care.
Brewer opposed the amendment, saying that courts use a balancing test to decide among competing rights. He said the committee had worked hard to prevent the bill from hurting any particular group.
Cavanaugh ended up withdrawing his amendment after all sides agreed they would seek a compromise before the bill is debated again.
Among the other parts of LB 43 is a provision to protect the rights of students who are members of Indigenous tribes to wear tribal regalia at K-12 schools and public colleges and universities. Such regalia would include traditional garments, jewelry and similar objects of cultural significance.
Sanders’ original bill would guide hearing officers and judges in cases dealing with state rules and regulations. It calls for them not to defer to state agencies in interpretation and to resolve doubts in favor of the citizen.
Another portion of the bill would make more public records free for Nebraska residents and the news media, barring charges for eight hours of employee time collecting, reviewing and copying records, up from four hours currently.