An Act amending the act of December 9, 2002 (P.L.1701, No.214), known as the Religious Freedom Protection Act, further providing for definitions and for free exercise of religion protected.

PRINTER'S NO. 44
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 54
Session of
2025
INTRODUCED BY RYNCAVAGE, HAMM, M. BROWN, M. MACKENZIE, REICHARD,
OLSOMMER, JAMES, KAUFFMAN AND STAATS, JANUARY 14, 2025
REFERRED TO COMMITTEE ON HEALTH, JANUARY 14, 2025
AN ACT
Amending the act of December 9, 2002 (P.L.1701, No.214),
entitled "An act protecting the free exercise of religion;
and prescribing the conditions under which government may
substantially burden a person's free exercise of religion,"
further providing for definitions and for free exercise of
religion protected.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "substantially burden" in
section 3 of the act of December 9, 2002 (P.L.1701, No.214),
known as the Religious Freedom Protection Act, is amended and
the section is amended by adding a definition to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adverse action." The application of a civil or criminal
penalty or the imposition of an administrative sanction.
* * *
"Substantially burden." An agency action which does any of
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the following:
(1) Significantly constrains or inhibits conduct or
expression mandated by a person's sincerely held religious
beliefs.
(2) Significantly curtails a person's ability to express
adherence to the person's religious faith.
(3) Denies a person a reasonable opportunity to engage
in activities which are fundamental to the person's religion.
(4) Compels conduct or expression which violates a
specific tenet of a person's religious faith.
(5) Prevents a person from physically assembling or
gathering in order to engage in the free exercise of
religion, including preventing a person from traveling for
the purpose of physically assembling or gathering in order to
engage in the free exercise of religion.
(6) Authorizes any adverse action against a person for
the person's free exercise of religion.
Section 2. Section 4 of the act is amended by adding a
subsection to read:
Section 4. Free exercise of religion protected.
* * *
(c) Limitation on exception.--An agency may not use an order
issued in accordance with the authority granted under section 20
of Article IV of the Constitution of Pennsylvania, 35 Pa.C.S. §
7301 (relating to general authority of Governor) or a control
measure taken under the act of April 23, 1956 (1955 P.L.1510,
No.500), known as the Disease Prevention and Control Law of
1955, for the purposes of an exception under subsection (b).
Section 3. This act shall take effect in 60 days.
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