Human Relations - Protection of the Free Exercise of Religion

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0356*

HOUSE BILL 356
D5 6lr1171
HB 1019/25 – HGO
By: Delegates Schmidt and Rosenberg
Introduced and read first time: January 19, 2026
Assigned to: Government, Labor, and Elections

A BILL ENTITLED

AN ACT concerning 1

Human Relations – Protection of the Free Exercise of Religion 2

FOR the purpose of prohibiting a governmental authority, under certain circumstances, 3
from burdening a person’s exercise of religion; authorizing a person aggrieved by a 4
violation of this Act to obtain certain relief in a civil action; and generally relating to 5
the protection of religious freedom. 6

BY adding to 7
Article – State Government 8
Section 20 –1301 through 20 –1305 to be under the new subtitle “Subtitle 13. 9
Religious Freedom” 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2025 Supplement) 12

Preamble 13

WHEREAS, The framers of the U.S. Constitution and the people of this State, 14
recognizing free exercise of religio n as an inalienable right, secured its protection in the 15
First Amendment to the U.S. Constitution and in Article 36 of the Declaration of Rights of 16
the Maryland Constitution, respectively; and 17

WHEREAS, In City of Boerne v. Flores, the U.S. Supreme Court held that the 18
compelling interest test provided for in the federal Religious Freedom Restoration Act to 19
protect the inalienable constitutional right of free exercise of religion must be adopted by a 20
state through legislative act or court decision in order to apply to state or local government 21
action; and 22

WHEREAS, The Senate of Maryland and the Maryland House of Delegates have 23
determined that the same compelling interest test provided for in the federal Religious 24
Freedom Restoration Act applies to the Stat e and local governments in Maryland; now, 25
therefore, 26
2 HOUSE BILL 356

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2

Article – State Government 3

SUBTITLE 13. RELIGIOUS FREEDOM. 4

20–1301. 5

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 6
INDICATED. 7

(B) “COMPELLING GOVERNMENT AL INTEREST ” MEANS AN INTEREST 8
ARISING FROM A SUBST ANTIAL THREAT TO PUB LIC HEALTH , SAFETY, PEACE, 9
ORDER, OR GENERAL WELFARE. 10

(C) “EXERCISE OF RELIGION ” MEANS THE PRACTICE O R OBSERVANCE OF 11
RELIGIOUS BELIEFS, WHETHER OR NOT COMPELLED BY OR CENTRAL T O A SYSTEM 12
OF RELIGIOUS BELIEF , INCLUDING OBSERVANCE UNDER ARTICLE 36 OF THE 13
DECLARATION OF RIGHTS OF THE MARYLAND CONSTITUTION OR THE FREE 14
EXERCISE CLAUSE OF THE FIRST AMENDMENT TO THE U.S. CONSTITUTION. 15

(D) “GOVERNMENTAL ACTION ” MEANS A LAW , A REGULATION , AN 16
ADMINISTRATIVE ORDER, A DECISION, A PRACTICE, OR ANY OTHER EXERCIS E OF 17
GOVERNMENTAL AUTHORITY. 18

(E) “GOVERNMENTAL AUTHORITY” INCLUDES: 19

(1) THE STATE, A COUNTY, OR A MUNICIP AL CORPORATION OR AN Y 20
SUBDIVISION OF THE STATE, A COUNTY, OR A MUNICIPAL CORPORATION; AND 21

(2) ANY OFFICIAL OR OTHER INDIVIDUAL ACTING WITHIN THE SCOPE 22
OF THE INDIVIDUAL’S EMPLOYMENT BY ANY ENTITY DESCRIBED IN ITEM (1) OF THIS 23
SUBSECTION. 24

(F) “PERSON” INCLUDES: 25

(1) AN INDIVIDUAL; AND 26

(2) A RELIGIOUS ORGANIZATION, ASSOCIATION, OR CORPORATION. 27

20–1302. 28

HOUSE BILL 356 3

THIS SUBTITLE APPLIES TO A GOVERNMENTAL AC TION TAKEN BY A 1
GOVERNMENTAL AUTHORI TY ON OR AFTER JULY 1, 2026, INCLUDING A 2
GOVERNMENTAL ACTION TAKEN P URSUANT TO A LAW , REGULATION, POLICY, 3
GUIDELINE, OR OTHER AUTHORITY T HAT WAS IN EFFECT PR IOR TO JULY 1, 2026, 4
UNLESS STATE LAW EXPRESSLY E XCLUDES THAT GOVERNM ENTAL ACTION FROM 5
COVERAGE UNDER THIS SUBTITLE. 6

20–1303. 7

(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A 8
GOVERNMENTAL AUTHORI TY MAY NOT SUBSTANTI ALLY BURDEN A PERSON ’S 9
EXERCISE OF RELIGION EVEN IF THE BURDEN RESULTS FROM A RULE OF GENERAL 10
APPLICABILITY. 11

(B) A GOVERNMENTAL AUTHORI TY MAY SUBSTANTIALLY BURDEN A 12
PERSON’S EXERCISE OF RELIGI ON ONLY IF THE GOVERNMENTAL AUT HORITY 13
DEMONSTRATES THAT APPLICATION OF THE BURDEN TO THE PERSON IS: 14

(1) IN FURTHERANCE OF A COMPELLING GOVERNMENTAL INTEREST; 15
AND 16

(2) THE LEAST RESTRICTIV E MEANS OF FURTHERIN G THAT 17
COMPELLING GOVERNMENTAL INTEREST. 18

20–1304. 19

(A) A PERSON AGGRIEVED BY A VIOLATION OF THIS SUBTITLE MAY OBTAIN 20
APPROPRIATE RELIEF I N A CIVIL ACTION IN A COURT OF COMPETENT 21
JURISDICTION. 22

(B) SUBJECT TO SUBSECTION (C) OF THIS SECTION, APPROPRIATE RELIEF 23
UNDER THIS SUBTITLE MAY INCLUDE: 24

(1) INJUNCTIVE RELIEF; AND 25

(2) COMPENSATORY DAMAGES INCLUDING REASONABLE ATTORNEY’S 26
FEES. 27

(C) A PERSON AGGRIEVED BY A VIOLATION OF THIS SUBTITLE BY AN 28
OFFICIAL OR EMPLOYEE OF AN ENTITY DESCRIB ED IN § 20–1301(E)(1) OF THIS 29
SUBTITLE MAY SEEK: 30

4 HOUSE BILL 356

(1) INJUNCTIVE RELIEF AGAIN ST THE OFFICIAL OR EMPLOYEE OR 1
THE ENTITY BY WHICH THE OFFICIAL OR EMPLOYEE IS EMPLOYED; 2

(2) COMPENSATORY DAMAGES AGAINST THE ENTITY B Y WHICH THE 3
OFFICIAL OR EMPLOYEE IS EMPLOYED; AND 4

(3) IF THE OFFICIAL OR E MPLOYEE WAS ACTING C LEARLY OUTSIDE 5
THE SCOPE OF THE OFFICIAL ’S OR EMPLOYEE ’S EMPLOYMENT, COMPENSATORY 6
DAMAGES AGAINST THE OFFICIAL OR EMPLOYEE. 7

(D) THE RIGHTS ESTABLISHED UNDER THIS SUBTITLE MAY BE RAISED BY A 8
PLAINTIFF IN AN ACTION FOR RELIEF UNDER THIS SECTION OR AS A DEFENSE TO AN 9
ACTION. 10

(E) A CLAIM FOR DAMAGES BR OUGHT UNDER THIS SUB TITLE IS SUBJECT 11
TO: 12

(1) THE LOCAL GOVERNMENT TORT CLAIMS ACT UNDER TITLE 5, 13
SUBTITLE 3 OF THE COURTS ARTICLE; OR 14

(2) THE MARYLAND TORT CLAIMS ACT UNDER TITLE 12, SUBTITLE 1 15
OF THIS ARTICLE. 16

20–1305. 17

(A) (1) IN THIS SUBSECTION , “PROVIDING” DOES NOT INCLUDE THE 18
DENIAL OF FUNDING, BENEFITS, OR EXEMPTIONS. 19

(2) THIS SUBTITLE MAY NOT BE CONSTRUED TO PROH IBIT ANY 20
GOVERNMENTAL ACTION PROVIDING FUNDING, BENEFITS, OR EXEMPTIONS TO THE 21
EXTENT PERMITTED UND ER THE MARYLAND DECLARATION OF RIGHTS OR THE 22
MARYLAND CONSTITUTION. 23

(B) THIS SUBTITLE MAY NOT BE CONSTRUED TO AFFE CT, INTERPRET, OR 24
ADDRESS IN ANY WAY T HE SUBSTANCE OF THE MARYLAND DECLARATION OF 25
RIGHTS OR THE MARYLAND CONSTITUTION. 26

(C) THE PROTECTION OF REL IGIOUS LIBERTY PROVI DED UNDER THIS 27
SUBTITLE IS IN ADDITION TO AND DOES NOT REDUCE THE PROTECTIONS PROVIDED 28
UNDER THE MARYLAND DECLARATION OF RIGHTS OR THE MARYLAND 29
CONSTITUTION. 30

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 31
1, 2026. 32