CHAPTER 675
EXERCISE OF RELIGION — STATE AND LOCAL GOVERNMENT ACTION RESTRICTIONS

  
     
675.1  Short title.
  This chapter shall be known and may be cited as the “Religious Freedom Restoration Act”.
2024 Acts, ch 1003, §3, 7, 8
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675.2  Legislative purpose and intent.
  The purpose and intent of this chapter is all of the following:
  1.  To restore the compelling governmental interest test and to guarantee its application in all cases where the free exercise of religion is substantially burdened by state action. 
  2.  To provide a claim or defense to a person whose exercise of religion is substantially burdened by state action.
2024 Acts, ch 1003, §4, 7, 8
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675.3  Definitions.
  As used in this chapter, unless the context otherwise requires:
  1.  “Compelling governmental interest” means a governmental interest of the highest order that cannot otherwise be achieved without burdening the exercise of religion.
  2.  “Exercise of religion” means the practice or observance of religion. “Exercise of religion” includes but is not limited to the ability to act or refuse to act in a manner substantially motivated by one’s sincerely held religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief.
  3.  “Person” means any individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity.
  4.  “State action” means the implementation or application of any law, including but not limited to state and local laws, ordinances, rules, regulations, and policies, whether statutory or otherwise, or other action by the state or a political subdivision, including a local government, municipality, instrumentality, or public official authorized by law.
  5.  “Substantially burden” means any action that directly or indirectly constrains, inhibits, curtails, or denies the exercise of religion by any person or compels any action contrary to a person’s exercise of religion and includes but is not limited to withholding of benefits; assessment of criminal, civil, or administrative penalties; or exclusion from governmental programs or access to governmental facilities.
2024 Acts, ch 1003, §5, 7, 8
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675.4  Free exercise of religion protected. 
  1.  State action shall not substantially burden a person’s exercise of religion, even if the burden results from a rule of general applicability, unless the government demonstrates that applying the burden to that person’s exercise of religion is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.
  2.  A person whose exercise of religion has been substantially burdened in violation of this chapter may assert such violation as a claim or defense in a judicial or administrative proceeding and obtain appropriate relief, including damages, injunctive relief, or other appropriate redress. Standing to assert a claim or defense under this chapter shall be governed by the general rules of standing under state and federal law. The plaintiff, if the prevailing party, may also recover reasonable attorney fees and costs.
2024 Acts, ch 1003, §6 – 8
Referred to in §331.301, 364.1
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