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IN SB0101
IN SB0101Religious freedom restoration. Prohibits a governmental entity from substantially burdening a person's exercise of religion, even if the burden results from a rule of general applicability, unless the governmental entity can demonstrate that the burden: (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering the compelling governmental interest. Provides a procedure for remedying a violation. Specifies that the religious freedom law appli
summary
Introduced
01/06/2015
01/06/2015
In Committee
03/16/2015
03/16/2015
Crossed Over
02/25/2015
02/25/2015
Passed
03/23/2015
03/23/2015
Dead
Signed/Enacted/Adopted
03/26/2015
03/26/2015
Introduced Session
2015 Regular Session
Bill Summary
Religious freedom restoration. Prohibits a governmental entity from substantially burdening a person's exercise of religion, even if the burden results from a rule of general applicability, unless the governmental entity can demonstrate that the burden: (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering the compelling governmental interest. Provides a procedure for remedying a violation. Specifies that the religious freedom law applies to the implementation or application of a law regardless of whether the state or any other governmental entity or official is a party to a proceeding implementing or applying
AI Summary
This bill, titled "Religious Freedom Restoration," establishes new protections for individuals and organizations in Indiana regarding the exercise of their religion. It prohibits any governmental entity, which includes state government, political subdivisions, and their instrumentalities, from substantially burdening a person's exercise of religion, even if the burden comes from a generally applicable rule. A "substantial burden" is defined as a significant impediment to religious practice. To justify such a burden, the governmental entity must prove it serves a "compelling governmental interest," meaning a very important government objective, and that the action taken is the "least restrictive means" to achieve that objective, meaning there's no less intrusive way to accomplish it. The bill also clarifies that "exercise of religion" is broadly defined to include any religious practice, whether or not it's central to a person's beliefs, and importantly, it explicitly states that this law does not affect or interpret the Establishment Clause, which prohibits government establishment of religion, and that providing government funding or benefits does not violate this chapter. If a violation occurs, individuals or organizations can assert it in legal or administrative proceedings, and if successful, they may be awarded relief, including injunctions, damages, and attorney's fees. The bill also specifies that it does not create a cause of action against private employers.
Committee Categories
Government Affairs, Justice
Sponsors (37)
Bruce Borders (R)*,
C. Woody Burton (R)*,
Tony Cook (R)*,
Dale DeVon (R)*,
David Frizzell (R)*,
Randall Frye (R)*,
Richard Hamm (R)*,
Tim Harman (R)*,
Bob Heaton (R)*,
Chris Judy (R)*,
Eric Koch (R)*,
Dennis Kruse (R)*,
Donald Lehe (R)*,
Matthew Lehman (R)*,
Jim Lucas (R)*,
Jud McMillin (R)*,
Doug Miller (R)*,
Bob Morris (R)*,
Alan Morrison (R)*,
Curt Nisly (R)*,
Rhonda Rhoads (R)*,
Scott Schneider (R)*,
Milo Smith (R)*,
Mike Speedy (R)*,
Brent Steele (R)*,
Jeff Thompson (R)*,
Thomas Washburne (R)*,
Tim Wesco (R)*,
Liz Brown (R),
Jim Buck (R),
Jean Leising (R),
Mark Messmer (R),
Jim Smith (R),
Jim Tomes (R),
Greg Walker (R),
Brent Waltz (R),
Carlin Yoder (R),
Last Action
Public Law 3 (on 03/26/2015)
Official Document
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