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IN SB0101
Bill
AI Summary
Senate Enrolled Act No. 101 Summary
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Creates Chapter 9 (Religious Freedom Restoration) in Indiana Code governing civil procedure, effective July 1, 2015, applying to all governmental entity statutes, ordinances, regulations, and administrative actions regardless of enactment date.
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Prohibits governmental entities from substantially burdening a person's exercise of religion unless the entity demonstrates the burden is necessary to further a compelling governmental interest and is the least restrictive means available.
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Expands "person" to include individuals, religious organizations, and for-profit and nonprofit business entities whose practices are compelled or limited by the religious beliefs of owners with control and substantial ownership.
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Allows persons whose religious exercise has been substantially burdened to assert a claim or defense in judicial or administrative proceedings and permits intervening governmental entities to respond; does not create private causes of action against private employers.
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Authorizes courts to grant appropriate relief including declaratory relief, injunctive relief, compensatory damages, and litigation costs including attorney fees upon finding a governmental entity violated the religious freedom protections.
Legislative Description
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
Last Action
Public Law 3
3/26/2015