West Virginia § 35-1A-1 Government limitations related to the exercise of religion

West Virginia Statutes

§ 35-1A-1 — Government limitations related to the exercise of religion

West Virginia § 35-1A-1

Ch. 35PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS

Art. 1AEQUAL PROTECTION FOR RELIGION ACT

This text of West Virginia § 35-1A-1 (Government limitations related to the exercise of religion) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 35-1A-1 (2026).

Text

(a)Notwithstanding any other provision of law, no state action may:

(1)Substantially burden a person's exercise of religion unless applying the burden to that person's exercise of religion in a particular situation is essential to further a compelling governmental interest; and is the least restrictive means of furthering that compelling governmental interest; nor

(2)Treat religious conduct more restrictively than any conduct of reasonably comparable risk; nor

(3)Treat religious conduct more restrictively than comparable conduct because of alleged economic need or benefit.

(b)(1) A person whose exercise of religion has been substantially burdened, or is likely to be substantially burdened, in violation of this article may assert such violation or impending violation, including aga

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(a) Notwithstanding any other provision of law, no state action may:

(1) Substantially burden a person's exercise of religion unless applying the burden to that person's exercise of religion in a particular situation is essential to further a compelling governmental interest; and is the least restrictive means of furthering that compelling governmental interest; nor

(2) Treat religious conduct more restrictively than any conduct of reasonably comparable risk; nor

(3) Treat religious conduct more restrictively than comparable conduct because of alleged economic need or benefit.

(b) (1) A person whose exercise of religion has been substantially burdened, or is likely to be substantially burdened, in violation of this article may assert such violation or impending violation, including against the state or its political subdivisions, as a claim or as a defense in any judicial or administrative proceeding:Provided, That relief is limited to injunctive or declaratory relief and reimbursement of costs and reasonable attorney fees.

(2) Nothing in this article may be construed to create a cause of action by an employee against a nongovernmental employer; nor may anything in this article be construed to constitute a defense to any claim based upon a refusal to provide emergency medical services as required by the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd; nor may anything in this article be construed to protect actions or decisions to end the life of any human being, born or unborn, including, but limited to, any claim or defense arising out of a violation of §16-2F-1et seq., §16-2I-1et seq., §16-2M-1et seq., §16-2O-1, §16-2P-1, §16-2Q-1, §16-2R-1et seq., §16-5-22, §30-1-26, §33-42-8, or §61-2-8 of this code.