Free Exercise Of Religion
Bottom Line Up Front: Free Exercise of Religion will be robustly protected. Whether you’re Christian, Jewish, Muslim, Hindu, atheist, or anything else, your right to believe (or not) and to act on those beliefs consistent with law is secure. We foresee a Colorado where diverse faiths flourish and contribute to the common good, and the state appreciates rather than restricts that. We will restore trust with faith communities who’ve felt attacked, showing through deeds that Colorado government is once again a friend to faith freedom.
a. Bedrock Freedom: The Free Exercise of Religion – the right to practice one’s faith openly and live according to one’s conscience – is one of the first freedoms enshrined in the First Amendment. To our Founders, and to us, it is a God-given right, not a government gift. “Congress shall make no law…prohibiting the free exercise” of religion. This means more than just worship in a church; it means you carry your faith into daily life. Biblical precedent shows believers practicing faith despite government edicts (Daniel praying in defiance of the king’s ban, Peter and John in Acts 4 insisting “we cannot but speak of what we have seen and heard” about Christ). The Pilgrims came to America fleeing religious persecution; protecting religious liberty is in our national DNA. For people of all faiths – or no faith – the guarantee is that you can follow your conscience in matters of ultimate belief, and the state should accommodate rather than restrict, unless there is a truly compelling reason otherwise (and even then, must use the least restrictive means).
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b. Constitutional and Colorado Context: The federal First Amendment and Colorado’s Constitution (Article II, Section 4) both robustly defend religious freedom. Colorado’s provision explicitly says no person shall be denied any civil or political right because of their religious opinions, and that the free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed. We will breathe life into these words. In practical terms, this means:
1. Individuals can pray, read scriptures, wear religious garb, evangelize, and otherwise express faith in public or private without fear of government punishment.
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2. Religious organizations (churches, charities, schools) can operate according to their beliefs (including hiring staff who share their faith and setting codes of conduct for members) without government interference in those internal decisions.
3. Businesses or professionals with sincere religious beliefs will not be forced by the state to act contrary to those beliefs absent an overriding interest. And if such interest is claimed (say, emergency medical care), we’ll pursue solutions that respect conscience (like referral to an alternate provider) whenever possible.
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c. Colorado Policy Conflicts: Colorado has been at the center of some high-profile religious liberty battles:
1. Masterpiece Cakeshop and 303 Creative: These cases saw the state use its Anti-Discrimination Act to try to compel creative professionals (a cake artist, a website designer) to create messages celebrating events (same-sex wedding, etc.) that violated their religious beliefs. The U.S. Supreme Court ruled in favor of the cake artist on narrow grounds (finding Colorado’s Civil Rights Commission showed anti-religious bias), and just recently ruled for the website designer on free speech grounds. These outcomes are victories for free exercise and free speech, but Colorado’s law remains unchanged and could trip up others. We will seek to amend Colorado’s anti-discrimination law to include exemptions for small businesses engaged in expressive services, so they are not forced into speech or artistic expression contrary to their faith. We also will require the Civil Rights Commission staff to undergo training on religious freedom and impartiality, given past evidence of bias.
2. Public Health Mandates vs. Churches: During COVID-19, Colorado initially subjected houses of worship to capacity limits and restrictions that were sometimes more severe than those on secular activities (for example, casinos or retail had looser rules in some states; in Colorado some counties kept strict caps on worship). After Supreme Court guidance in late 2020 (Roman Catholic Diocese v. Cuomo), Colorado adjusted to treat worship more equally. We will codify that houses of worship are essential services. No future emergency orders should ever outright close churches or dictate their manner of worship. Reasonable health rules (like distancing) may be asked of all gatherings, but we affirm worship as a fundamental right. If Walmart can be open, so can the neighborhood church. We’ll also protect religious gatherings like funerals or weddings from one-size restrictions that don’t account for religious need. Colorado should apologize for any time it overreached – and we do commit to never again allow a situation where police threaten pastors with fines for holding services or where people of faith feel like second-class citizens.
3. Blaine Amendment and Religious Schools: Colorado’s Constitution has a Blaine Amendment (Article IX, Section 7) barring aid to “sectarian” schools. This 19th-century anti-Catholic provision has prevented school choice vouchers from including religious schools (as in the Douglas County case). However, the U.S. Supreme Court’s Espinoza (2020) and Carson (2022) decisions indicate that if a state offers funding programs, it cannot exclude schools solely for being religious. So, our Blaine Amendment is effectively unenforceable where it conflicts with free exercise. We will support its repeal to remove any confusion. Then we can pursue school choice programs (e.g., vouchers or educational savings accounts) that neutrally allow funds to follow students even to religious schools, consistent with the First Amendment. This expands liberty for families and respects religious education as a valid choice.
4. Religious Healthcare Providers: We will ensure that religious hospitals, clinics, and professionals in Colorado are not forced to perform procedures that violate their conscience, such as abortions or gender transition surgeries. With the state’s new aggressive abortion law (which tries to forbid any state or local government from restricting abortion or aiding alternatives), there could come pressure on Catholic or other pro-life healthcare providers. We will fight any attempt to mandate abortion participation. Federal law (Church Amendments, Weldon Amendment) offers some protection; we’ll enshrine similar protection in state law and vigorously defend any provider punished for refusal. The same with contraceptive coverage mandates – we’d allow religious employers to opt out if it conflicts with beliefs (noting the Little Sisters of the Poor saga – we will not let Colorado attack them again as happened via lawsuits in past years).
In broader terms, Free Exercise means an attitude of welcome toward religion in public life. We will encourage faith-based partnerships to help with social issues (addiction recovery, prisoner reentry, homeless services) – embracing, not fearing, the positive role of religious groups. While maintaining the Establishment Clause (no official state religion), we believe accommodating religion is required by free exercise. For example, if a student club in a public school is religious, they get equal access to facilities. If an employee needs a minor schedule change for Sabbath observance, the state as employer should accommodate if it doesn’t cause undue hardship.
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We also keep an eye on the subtler infringements: zoning laws used to block houses of worship (we’ll enforce federal RLUIPA which prohibits that), or professional licensing boards penalizing someone for expressing a faith-based view on their own time. Under our watch, Colorado will not penalize individuals for who they are (and that includes being a person of faith). The absolutism of some secular activism – that religious viewpoint must be completely private – is wrong. Faith is part of our citizens’ identity, and free exercise means they can bring that identity to the public square peaceably.