Religious liberty is a foundational right protected by the First Amendment, allowing individuals to practice their religion without government interference. However, the responsibility to actively protect religious expression often falls to state governments, meaning there are varying levels of safeguards across the United States.
The Religious Liberty in the States (RLS) Index is an annual measure of how well states protect religious freedom through their state constitutions and statutes, and it plays a crucial role in highlighting these differences and guiding improvements. Managed by our friends at the Center for Religion, Culture & Democracy (CRCD), the annual RLS Index provides a detailed assessment of the legal safeguards each state offers to protect religious liberty, scores the states based on how many protections the state currently has in place, and then ranks the states from best to worst.
In 2024, the best state in the union is Illinois and the worst-performing state is West Virginia. However, these scores and current rankings may disguise the bigger story which is that state scores and rankings change from year to year. In fact, while Illinois is currently at the top, their score is dropping, and while West Virginia is at the bottom, their score has been increasing. Let’s explore why these scores are moving, and what that means for all of the states.
The Impact of New Additions in the 2024 RLS Index
The RLS Index tracks religious liberty protections that are actually in place in at least one state, not hypothetical protections that do not currently exist. So as states implement new laws or new ways of protecting religious liberty are identified, the number of items tracked by RLS will continue to expand. The RLS 2024 report introduced five new items to its index, reflecting the evolving landscape of religious liberty protections.
One of the new safeguards this year is a law protecting houses of worship from closing. This protection came about in the wake of the COVID-19 pandemic when more than a third of states quickly passed statutes prohibiting governments from treating houses of worship differently than similarly situated businesses. States such as Florida and Montana (whose scores both rose this year) were among them, but Illinois was not.
Due to inaction on this safeguard and others, Illinois’ score fell from 85 percent in 2023 to 80 percent in 2024. As RLS said on its website, “If Illinois wishes to stay at the top of the rankings in future years, it should consider implementing this safeguard, as well as any others it lacks because many other states are actively considering legislation to improve their religious liberty protections.”
The Impact of Statutory Changes in States
Florida, Montana, and West Virginia made significant strides in the 2024 index due to new legislative measures. By passing general conscience and hospital exemption protections, Florida increased its overall score by 13 percent, moving it into second place. Montana’s score improved by 20 percent after it passed general conscience, hospital, and insurance exemption protections.
Although West Virginia remains at the bottom of the rankings, it nearly doubled its score from 14 percent in 2023 to 25 percent in 2024 by passing a Religious Freedom Restoration Act (RFRA). This significant improvement shows that even states with lower rankings can make substantial progress with targeted legislative actions.
Connecticut, in contrast, provides a stark example of the consequences of repealing protections. The state saw a significant drop in both score and ranking after eliminating the religious exemption from its childhood immunization requirement. This change contributed to a decrease in Connecticut’s overall score from 11th in 2022 to 25th in 2024, highlighting the importance of maintaining and expanding protections to avoid slipping in the rankings.
The Path Forward: Encouraging Proactive Legislation
The RLS Index emphasizes the importance of proactive legislative efforts to ensure that residents in each state can live, work, and express their conscience freely. States that are committed to enhancing these protections can use the index as a roadmap for identifying areas of improvement. By adopting best practices and learning from high-ranking states, state lawmakers can ensure that their residents enjoy robust protections for their religious freedoms.
For more detailed information on the 2024 RLS Index and to see where your state ranks, visit the official RLS website.
