Texas Senator Donna Campbell has proposed measures this week to strengthen citizens' ability to deny service based on religious beliefs by way of a constitutional amendment.

Government may not burden an individual’s or religious organization’s freedom of religion or right to act or refuse to act in a manner motivated by a sincerely held religious belief unless the government proves that the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest. For purposes of this subsection, the term “burden” includes indirect burdens such as withholding benefits, assessing penalties, and denying access to facilities or programs.

Opponents of Campbell's proposition and the current Religious Freedom Restoration Act have labeled such measures as a right to discriminate by allowing business owners to deny service to homosexuals and even terminate employees for being homosexual.

Campbell introduced an identical measure two years ago, but was shut down.  During the committee hearing during Campbell's previous proposal, critics noted that such measures could enforce the Westboro Baptist Church's protesting of military funerals, create a religious right to abortion, and prevent enforcing of nondiscrimination laws by allowing the business owner to claim religious beliefs.

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