TITLE 73

GENERAL CODE PROVISIONS

CHAPTER 4

FREE EXERCISE OF RELIGION PROTECTED

73-402.  Free exercise of religion protected. (1) Free exercise of religion is a fundamental right that applies in this state, even if laws, rules or other government actions are facially neutral.

(2)  Except as provided in subsection (3) of this section, government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.

(3)  Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person is both:

(a)  Essential to further a compelling governmental interest;

(b)  The least restrictive means of furthering that compelling governmental interest.

(4)  A person whose religious exercise is burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. A party who prevails in any action to enforce this chapter against a government shall recover attorney’s fees and costs.

(5)  In this section, the term "substantially burden" is intended solely to ensure that this chapter is not triggered by trivial, technical or de minimis infractions.

History:

[73-402, added 2000, ch. 133, sec. 2, p. 353.]