Enact the Ohio Religious Freedom Restoration Act

hb952_00_IN

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 952

2025-2026

Representatives Mathews, A., Fischer

To
enact section 9.51 of the Revised Code
to
provide for the preservation of religious freedom and to name this
act the Ohio Religious Freedom Restoration Act.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
section 9.51 of the Revised Code be enacted to read as follows:

Sec.
9.51.
(A)
As used in this section:

(1)
"Exercise of religion" means any exercise of religion,
whether or not compelled by, or central to, a system of religious
belief, including, but not limited to, the practice or observance of
religion under Ohio Constitution, Article I, Section 7 or the free
exercise clause of the First Amendment to the United States
Constitution.

(2)
"Governmental entity" includes the state and any branch,
department, agency, instrumentality, and official or other person
acting under color of law of this state, or any political subdivision
of this state.

(B)
A governmental entity shall not substantially burden a person's
exercise of religion, even if the burden results from a rule of
general applicability, except as provided in division (C) of this
section.

(C)
A governmental entity may substantially burden a person's exercise of
religion if it demonstrates that the application of the burden to the
person is both:

(1)
In furtherance of a compelling governmental interest;

(2)
The least restrictive means of furthering such compelling
governmental interest.

(D)(1)
A person whose religious exercise has been burdened in violation of
this section may bring an action in the court of common pleas of
Franklin county or the court of common pleas of the county in which
the person resides, and obtain appropriate relief against a
governmental entity.

(2)
Notwithstanding any other law to the contrary, a governmental entity
waives its immunity from liability for actions brought under this
section.

(E)
In any action or proceeding to enforce a provision of this section, a
court may allow the prevailing party, other than a governmental
entity, reasonable attorney's fees, provided that in any action
brought against a judicial officer for an act or omission taken in
the officer's judicial capacity, the officer shall not be held liable
for any costs, including attorney's fees, unless such act or omission
was clearly in excess of the officer's jurisdiction.

(F)(1)
Nothing in this section shall be construed to affect, interpret, or
in any way address the portion of the First Amendment to the United
States Constitution prohibiting laws respecting the establishment of
religion.

(2)
Granting government funding, benefits, or exemptions to the extent
permissible under the establishment clause of the First Amendment to
the United States Constitution does not constitute a violation of
this section. As used in this division, "granting" does not
include the denial of government funding, benefits, or exemptions.

Section
2.
This
act shall be known as the Ohio Religious Freedom Restoration Act.