April 8, 1999

SENATE EXECUTIVE MESSAGE NO. 52

 

The Honorable Manny M. Aragon and

Members of the Senate

Executive-Legislative Building

Santa Fe, New Mexico 87503

 

Honorable President and Members of the Senate:

I have this day VETOED and am returning SENATE BILL 644, as amended, enacted by the Forty-Fourth Legislature, First Session, 1999.

This legislation proposes the New Mexico Religious Freedom Restoration Act which prohibits state agencies, county and municipal governments and all boards and commissions from restricting a persons free exercise of religion.

Our "Religious Rights" are paramount and accordingly are constitutionally protected in the first amendment. With the 1993 Federal Religious Freedom Restoration Act struck down by the United States Supreme Court five state legislatures have enacted "little RFRA’s". Caution must be shown in the adoption of such legislation due to the excessive litigation that may ensue, the costs that may be incurred and the exceedingly personal conflicts over one’s religion that may result from the enactment of "little RFRA’s" rather than reliance upon existing first amendment case law.

 

Sincerely,

Gary E. Johnson

Governor