Announcing RLS 2023’s #1 State: Illinois

Illinois has earned the highest score in the Religious Liberty in the States (RLS) 2023 rankings due to its long history of protecting religious liberty, resulting in a broad range of state laws that safeguard the free exercise of religion for its residents.

The Land of Lincoln earned a score of 85 percent, which is more than six times higher than the lowest state, West Virginia (14 percent). In fact, Illinois is 18 percentage points higher than the second state, South Carolina (67 percent). The state’s dominance becomes clear when compared to other states with large populations, such as Florida (60 percent), Texas (34 percent), and California (21 percent).

RLS measures the freedom of people to practice religion in daily life based on state laws, not just their ability to gather for worship. Illinois’ score actually increased by 4 percentage points from RLS 2022 because the state scored well on the three new safeguard areas that were added in this year’s analysis.

All of this means that Illinois continues to be a bellwether state for religious liberty in 2023. Here are some state laws that contribute to this distinction.

Excused Absences for School Children

One of the new safeguards included in RLS 2023 is how states handle excusing absences from school for religious reasons. This safeguard looks at absences for religious observances, such as holidays, as well as absences for religious instruction, such as catechism classes. Illinois requires schools to excuse both sorts of absences due to a recent law signed by Governor J.B. Pritzker in August 2021.

Illinois’ law protects absences for all religions. While school calendars are often set up to avoid federally-recognized holidays such as Christmas, a law like Illinois’ permits students to observe Yom Kippur, Chinese New Year, Diwali, and any other religious holiday that may occur on a school day. This means that families in Illinois with school-aged children may take time off for religious observances and instruction without fear of penalty or loss of academic credit for their children.

Religious Freedom Restoration Act

Illinois’ Religious Freedom Restoration Act (RFRA) was enacted in response to the U.S. Supreme Court’s 1997 decision that limited federal religious freedom protections to federal jurisdictions. State RFRA statutes are intended to protect the ability of religious people to practice their religion when other laws inadvertently hinder their ability to do so. The Illinois RFRA is unique in that it ensures a high standard of review, meaning that a law that would substantially burden religious exercise must further a compelling governmental interest and do so in the least restrictive way.

Illinois’ RFRA protects a wide range of religious activities from government interference. This is particularly important for religious minorities who may need RFRA’s safeguards to protect expressions of their beliefs that are not covered by specific statutory protections.

Illinois’ Room for Improvement

Though it ranks much higher than any other state, even Illinois has room to improve its religious liberty protections for all, particularly in the area of marriage and weddings. While there are protections in place for clergy and religious organizations, these same protections are not extended to public officials or private businesses. For example, a minister who refuses to participate in a wedding for religious reasons is protected, but a caterer who holds the same beliefs may not be. This discrepancy in how an individual’s beliefs are protected under the law means that some people enjoy more protection than others.

To address this issue, the state of Illinois could look to the Protecting Freedom of Conscience from Government Discrimination Act that was passed in Mississippi. This act ensures that all individuals, including clergy, religious entities, public officials, and for-profit businesses, are able to abstain from performing wedding services or participating in marriage celebrations that conflict with their sincerely held religious beliefs or moral convictions. By adopting similar legislation, Illinois could further protect the rights of its citizens and ensure that all individuals are able to act in accordance with their beliefs without fear of discrimination or legal repercussions.

Illinois has a rich history of protecting religious liberty, having consistently demonstrated a deep commitment to the principles of freedom of conscience and belief. The state’s dedication to this fundamental right can serve as an inspiration and example to other states, encouraging them to follow suit. The state of Illinois deserves recognition as a leader in religious liberty out of the fifty states.

Want to see where your state ranks? Check out the RLS index state ranking or access the executive summary to learn more.