SSB 1164

This bill prohibits a governmental entity from substantially burdening a person’s free exercise of religion. The bill prohibits governmental entities from treating religious conduct more restrictively than any secular conduct of reasonably comparable risk or treating religious conduct more restrictively than comparable secular conduct because of alleged economic need or benefit. Under current law, a court is not required to apply heightened scrutiny when reviewing a law that burdens a person’s exercise of religion when such law is generally applicable. The bill provides that a court shall apply the compelling governmental interest test set forth in Sherbert v. 398 (1963), and Wisconsin v. 205 (1972), in such cases, so that the government cannot substantially burden a person’s exercise of religion unless the government demonstrates that applying the law of general applicability is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest. The bill provides that a person whose exercise of religion has been substantially burdened by the government may assert such violation as a claim or defense in a judicial or administrative proceeding, and provides that the governmental entity may be liable for actual damages, attorney fees, costs, and other appropriate remedies. The bill also allows the person to obtain injunctive relief against the governmental entity. The bill prohibits a county or city from enacting a private or civil law that would burden a person’s free exercise of religion in violation of the bill. The bill takes effect upon enactment and applies to all state and local laws.