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IN SB0101

Bill

Status

Passed

3/26/2015

Primary Sponsor

Dennis Kruse

Click for details

Origin

Senate

2015 Regular Session

AI Summary

Senate Enrolled Act No. 101 Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary3/5/2015
Judiciary1/20/2015
Rules and Legislative Procedure1/6/2015

Full Bill Text

No bill text available