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IN HB1632
Bill
Status
1/22/2015
Primary Sponsor
Timothy Wesco
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AI Summary
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Prohibits state or local government actions from substantially burdening a person's exercise of religion unless the burden is essential to further a compelling governmental interest and is the least restrictive means of achieving that interest.
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Defines "burden" to include actions that constrain, inhibit, curtail, deny, or compel religious exercise, including withholding benefits, assessing penalties, or excluding persons from governmental programs or facilities.
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Allows persons whose religious exercise has been or is likely to be substantially burdened to assert a violation as a claim or defense in judicial proceedings regardless of whether the state is a party to the case.
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Permits persons who assert such claims or defenses to obtain injunctive relief, declaratory relief, compensatory damages, and recovery of court costs and reasonable attorney's fees.
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Becomes effective upon passage and applies to IC 34-13-9 as a new chapter of Indiana Code.
Legislative Description
Religious freedom restoration act. Provides that a state or local government action may not substantially burden a person's right to the exercise of religion unless it is demonstrated that applying the burden to the person's exercise of religion is: (1) essential to further a compelling governmental interest; and (2) the least restrictive means of furthering the compelling governmental interest. Provides that a person whose exercise of religion has been substantially burdened, or is likely to be substantially burdened, by a state or local government action may assert the burden as a claim or defense in a judicial proceeding, regardless of
Last Action
First Reading: referred to Committee on Judiciary
1/22/2015