Indicates Matter Stricken

Indicates New Matter

 

Committee Report

May 6, 2026

 

S. 1038

 

Introduced by Senator Massey

 

S. Printed 5/6/26--H.

Read the first time April 22, 2026

 

________

 

The committee on House Education and Public Works

To whom was referred a Bill (S. 1038) to amend the South Carolina Code of Laws by adding Section 53-3-340 so as to designate the first day of March of each year as "Religious Liberty Day" in South Carolina, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, before the enacting words, by deleting the first paragraph from the bill.

Amend the bill further, before the enacting words, by deleting the second paragraph from the bill.

Amend the bill further, before the enacting words, by deleting the third paragraph from the bill.

Amend the bill further, before the enacting words, by striking the fourth paragraph and inserting:

Whereas, this guarantee of religious liberty, as enshrined in the Fundamental Constitutions, became a beacon of hope in Europe for those being oppressed because of their faith and made Charleston the center of the free world for religious expression; and

Whereas, religious liberty is a God-given right and one of the foundational principles upon which both the United States and the State of South Carolina were established; and

 

Whereas, the Constitution of South Carolina of 1790 declared that the free exercise and enjoyment of religious profession and worship shall forever be allowed in this State, without discrimination or preference; and

 

Whereas, our rights do not come from government, but are God-given, and government's duty is to protect them; and

Amend the bill further, before the enacting words, by striking the fifth paragraph and inserting:

Whereas, on January 15, 2025, representatives of many faiths including, but not limited to, Christians, Jews, and Muslims, joined together for the inaugural South Carolina Religious Liberty Conference for the purpose of celebrating and promoting the Palmetto State's historic and contemporary embrace of the freedom of religion and conscience; and

Amend the bill further, before the enacting words, by striking the sixth paragraph and inserting:

Whereas, the inaugural South Carolina Religious Liberty Conference was hosted by the University of South Carolina's Rice School of Law and was organized by partnership between The Church of Jesus Christ of Latter-day Saints, International Center for Law and Religious Studies, J. Reuben Clark Law Society, and Interfaith Partners of South Carolina; and

Amend the bill further, before the enacting words, by striking the eighth paragraph and inserting:

Whereas, in addition to legal scholars and elected officials, presenters at the South Carolina Religious Liberty Conferences have included representatives of The Church of Jesus Christ of Latter-day Saints, the South Carolina Historical Society, the African Methodist Episcopalian (A.M.E.) Church, the Aiken Muslim Association, the Roman Catholic Diocese of Charleston, the Center of Jewish Life-Chabad of Charleston and the Low Country, the Church of God in Christ, the Interfaith Partners of South Carolina, Chabad of South Carolina, Masjid al-Salaam, and Sikh Gurdwaramany various faiths; and

Amend the bill further, before the enacting words, by striking the ninth paragraph and inserting:

Whereas, by acclamation of the participants in the inaugural South Carolina Religious Liberty Conference, it was resolved to promote contemporary support for the principles of religious liberty by petitioning the South Carolina General Assembly to recognize South Carolina's unique history in promoting and safeguarding the members of a free society's right to worship when, where, and how their conscience may dictate, as first guaranteed by the Fundamental Constitutions of CarolinaSouth Carolina Constitution; and

Amend the bill further, before the enacting words, by striking the twelfth paragraph and inserting:

Whereas, by acclamation of the participants in the Second Annual South Carolina Religious Liberty Conference, it was resolved to expand upon House Resolution 4036 by petitioning the South Carolina General Assembly to recognize and honor South Carolina's unique history in promoting and safeguarding the members of a free society's right to worship when, where, and how their conscience may dictate, as first guaranteed by the Fundamental Constitutions of Carolinaas continuously guaranteed by the state constitution, by enacting in permanent law that the first day of March of each year be designated as "Religious Liberty Day" in South Carolina; and

Renumber sections to conform.

Amend title to conform.

 

SHANNON ERICKSON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill designates March first of each year as "Religious Liberty Day."

 

This bill does not operationally or fiscally impact state agencies. Therefore, the bill will have no fiscal impact.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

_______

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 53-3-340 SO AS TO DESIGNATE THE FIRST DAY OF MARCH OF EACH YEAR AS "RELIGIOUS LIBERTY DAY" IN SOUTH CAROLINA.

 

Whereas, South Carolina has a storied history in recognition of the significance of religious liberty and its establishment as a legal right; and

 

Whereas, on March 1, 1669, the Fundamental Constitutions of Carolina drafted by Anthony Ashley Cooper with the help of philosopher John Locke was adopted by the eight Lord Proprietors of Carolina; and

 

Whereas, the guarantee of religious liberty and freedom of worship contained in the document is said to be the first such foundational government guarantee in the Americas and, indeed, in the world; and

 

Whereas, this guarantee of religious liberty, as enshrined in the Fundamental Constitutions, became a beacon of hope in Europe for those being oppressed because of their faith and made Charleston the center of the free world for religious expression; and

 

Whereas, on January 15, 2025, representatives of many faiths including, but not limited to, Christians, Jews, and Muslims, joined together for the inaugural South Carolina Religious Liberty Conference for the purpose of celebrating and promoting the Palmetto State's historic and contemporary embrace of the freedom of religion and conscience; and

 

Whereas, the inaugural South Carolina Religious Liberty Conference was hosted by the University of South Carolina's Rice School of Law and was organized by partnership between The Church of Jesus Christ of Latter-day Saints, International Center for Law and Religious Studies, J. Reuben Clark Law Society, and Interfaith Partners of South Carolina; and

 

Whereas, on January 8, 2026, the Second Annual South Carolina Religious Liberty Conference was convened in the chamber of the South Carolina House of Representatives, which continued the multifaith discussion on the importance of religious liberty in our State and nation; and

 

Whereas, in addition to legal scholars and elected officials, presenters at the South Carolina Religious Liberty Conferences have included representatives of The Church of Jesus Christ of Latter-day Saints, the South Carolina Historical Society, the African Methodist Episcopalian (A.M.E.) Church, the Aiken Muslim Association, the Roman Catholic Diocese of Charleston, the Center of Jewish Life-Chabad of Charleston and the Low Country, the Church of God in Christ, the Interfaith Partners of South Carolina, Chabad of South Carolina, Masjid al-Salaam, and Sikh Gurdwara; and

 

Whereas, by acclamation of the participants in the inaugural South Carolina Religious Liberty Conference, it was resolved to promote contemporary support for the principles of religious liberty by petitioning the South Carolina General Assembly to recognize South Carolina's unique history in promoting and safeguarding the members of a free society's right to worship when, where, and how their conscience may dictate, as first guaranteed by the Fundamental Constitutions of Carolina; and

 

Whereas, this daring and historic masterpiece is a source of pride for all South Carolinians and a reason for all of our citizens to embrace, support, and celebrate our state's legacy and leadership in the promotion of religious liberty; and

 

Whereas, as the result of the inaugural South Carolina Religious Liberty Conference, and the resolution and recommendation thereof, the South Carolina House of Representatives adopted House Resolution 4036, formally declaring March 1, 2025, as "South Carolina, First in Religious Liberty Day"; and

 

Whereas, by acclamation of the participants in the Second Annual South Carolina Religious Liberty Conference, it was resolved to expand upon House Resolution 4036 by petitioning the South Carolina General Assembly to recognize and honor South Carolina's unique history in promoting and safeguarding the members of a free society's right to worship when, where, and how their conscience may dictate, as first guaranteed by the Fundamental Constitutions of Carolina, by enacting in permanent law that the first day of March of each year be designated as "Religious Liberty Day" in South Carolina; and

 

Whereas, while South Carolina has been a beacon of religious liberty, its history also includes periods where the ideals of freedom were not fully realized. Let us honor South Carolina's contributions to the cause of religious liberty while committing ourselves to continue to learn from the lessons of our past and ensure these sacred freedoms extend to all. Now, therefore,

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Chapter 3, Title 53 of the S.C. Code is amended by adding:

 

    Section 53-3-340.  The first day of March of each year is designated as "Religious Liberty Day" in South Carolina.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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