H 4508 Session 121 (2015-2016)
H 4508 General Bill, By Thayer, Chumley, Burns, V.S. Moss, Yow, Gagnon and
Gambrell
Similar(H 4446)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
20-1-25 SO AS TO ENACT THE "SOUTH CAROLINA PASTOR PROTECTION ACT "; TO
ESTABLISH THAT A REFUSAL TO PERFORM A MARRIAGE CEREMONY IS NOT A BASIS FOR A
CAUSE OF ACTION BY THE STATE OR POLITICAL SUBDIVISION AGAINST A RELIGIOUS
ORGANIZATION, AN INDIVIDUAL EMPLOYED BY A RELIGIOUS ORGANIZATION OR A MINISTER
OR OTHER MEMBER OF THE CLERGY; AND TO PROVIDE THAT AN INDIVIDUAL OR
ORGANIZATION MAY NOT BE REQUIRED TO PERFORM A MARRIAGE CEREMONY IF IT WOULD
CAUSE THE ORGANIZATION OR INDIVIDUAL TO VIOLATE A SINCERELY HELD RELIGIOUS
BELIEF.
12/03/15 House Prefiled
12/03/15 House Referred to Committee on Judiciary
01/12/16 House Introduced and read first time (House Journal-page 86)
01/12/16 House Referred to Committee on Judiciary
(House Journal-page 86)
01/13/16 House Member(s) request name added as sponsor: Yow
02/02/16 House Member(s) request name added as sponsor: Gagnon,
Gambrell
H. 4508
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-25 SO AS TO ENACT THE "SOUTH CAROLINA PASTOR PROTECTION ACT "; TO ESTABLISH THAT A REFUSAL TO PERFORM A MARRIAGE CEREMONY IS NOT A BASIS FOR A CAUSE OF ACTION BY THE STATE OR POLITICAL SUBDIVISION AGAINST A RELIGIOUS ORGANIZATION, AN INDIVIDUAL EMPLOYED BY A RELIGIOUS ORGANIZATION OR A MINISTER OR OTHER MEMBER OF THE CLERGY; AND TO PROVIDE THAT AN INDIVIDUAL OR ORGANIZATION MAY NOT BE REQUIRED TO PERFORM A MARRIAGE CEREMONY IF IT WOULD CAUSE THE ORGANIZATION OR INDIVIDUAL TO VIOLATE A SINCERELY HELD RELIGIOUS BELIEF.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act must be cited as the 'South Carolina Pastor Protection Act '.
SECTION 2. Article 1, Chapter 1, Title 20 of the 1976 Code is amended by adding:
"Section 20-1-25. (A) A religious organization, an organization supervised or controlled by, or established in connection with, a religious organization, an individual employed by a religious organization acting within the scope of employment, or a minister or other member of the clergy who refuses to provide services, accommodations, facilities, goods, or privileges pursuant to this section is not liable in a civil or criminal cause of action . Any other action by this State or a political subdivision of this State to penalize or withhold benefits or privileges from a protected organization or individual, including tax exemptions or governmental contracts, grants, or licenses is prohibited.
(B) A religious organization, an organization supervised or controlled by, or established in connection with, a religious organization, an individual employed by a religious organization acting within the scope of employment, or a minister or other member of the clergy may not be required to administer a marriage ceremony or provide services, accommodations, facilities, goods, or privileges for a purpose related to a marriage ceremony if the action would cause the organization or individual to violate a sincerely held religious belief."
SECTION 3. This act takes effect upon approval by the Governor.
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