FIRST REGULAR SESSION

House Concurrent Resolution No. 35

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES JONES (110) (Sponsor), RIDDLE, SCHARNHORST, STREAM, CIERPIOT, CRAWFORD, DIEHL, BURLISON, KEENEY, HICKS, SMITH (120), BERNSKOETTER AND JONES (50) (Co-sponsors).

2210H.01I

 

            WHEREAS, Senate Bill 749 was passed by the Ninety-sixth General Assembly, Second Regular Session, to protect our state from provisions of federal law which would essentially force religious institutions to provide insurance coverage for procedures and medications which violate their core beliefs; and

 

            WHEREAS, on July 12, 2012, the Honorable Jeremiah W. (Jay) Nixon, Governor of the state of Missouri, vetoed Senate Bill 749; and

 

            WHEREAS, on September 12, 2012, the General Assembly voted to override the Governor’s veto of Senate Bill 749 in order to protect the First Amendment rights of Missouri’s citizens; and

 

            WHEREAS, on March 18, 2013, a United States District Judge, the Honorable Audrey Fleissig, ruled that Senate Bill 749 was unconstitutional and issued a temporary restraining order preventing the state from enforcing statutory provisions contained in the bill; and

 

            WHEREAS, as a result of Judge Fleissig’s ruling numerous Missouri citizens, businesses, and religious organizations will be forced to either pay massive fines or provide insurance coverage for their employees for procedures that run counter to their religious beliefs; and

 

            WHEREAS, the federal government lacks the authority to mandate that a business provide a commodity at no cost; and 

 

            WHEREAS, recently a federal judge in Michigan enjoined enforcement of the contraception mandate and prohibited the federal government from violating the religious freedom of business owners in that state.

 

            NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-seventh General Assembly, First Regular Session, the Senate concurring therein, hereby requests the Honorable Chris Koster, Attorney General of the state of Missouri, to immediately appeal Judge Fleissig’s decision on behalf of our state and argue on appeal that the federal contraception mandate violates the federal Religious Freedom Restoration Act, as well as the First Amendment right to freedom of religion.

 

            BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for the Honorable Chris Koster, Attorney General of the state of Missouri.