Religious Freedom Restoration Act.

2015
STATE OF WYOMING
15LSO-0232
ENGROSSED
3.1

HOUSE BILL

NO.
HB0083

Religious Freedom Restoration Act.

Sponsored by:
Representative(s) Winters and Steinmetz and Senator(s) Dockstader

A BILL

for

AN ACT relating to religious freedom; creating a Religious Freedom Restoration Act; providing definitions; limiting specified governmental actions that burden religious freedom as specified; authorizing claims and defenses against governmental action that burden religious freedom as specified; providing for severability of the act; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 1
‑
35
‑
201 through 1
‑
35
‑
20
5
are created to read:

ARTICLE 2
RELIGIOUS FREEDOM RESTORATION ACT

1
‑
35
‑
201
.

Religious Freedom Restoration Act; short title.

This act shall be known and may be cited as the "Religious Freedom Restoration Act
.
"

1
‑
35
‑
202
.

Definitions.

(a)

As used in this act:

(i)

"Burden" means any action that directly or indirectly constrains, inhibits, curtails or denies the exercise of religion or moral conscience by any
individual
contrary to a
n

individual
's exercise of religion, including, but not limited to:

(A)

W
ithholding of benefits;

(B)

Assessing criminal, civil or administrative penalties;

(C)

E
xclusion from governmental programs;
or

(D)

Denial of access to governmental facilities.

(ii)

"
Exercise of religion
" means
the practice or observance of religion, including an act or refusal to act, that is substantially motivated by a sincerely held religious belief, whether or not compelled by or central to a system of religious belief;

(iii)

"Government" means any department, agency, division, board, bureau, commission, council, authority, employee, official or other entity of this state or a political subdivision of this state, or a person
acting under color of state law
;

(iv)

"Moral conscience" means an individual exercise of judgment whereby the person recognizes the moral or ethical quality of an act
and is
compel
led to:

(A)

P
erform
the
act
because it is an act of
good will or faith
;
or

(B)

A
void performing
the
act
because
the person believes
the act
to be evil or wrong
.

(v)

"This act" means W.S. 1
‑
35
‑
201 through 1
‑
35
‑
206.

1
‑
35
‑
203
.

Limitation on government action; exception.

(a)

Except as provided in subsection (b) of this section, government action
,

including
action by anyone acting under color of state law
,
shall not burden a person's right to
the exercise of religion or moral conscience, even if the burden results from a rule of general applicability.

(b)

Government may substantially burden a person's exercise of religion or moral conscience only if it demonstrates that application of the burden to that person's exercise of religion or moral conscience in that particular instance is:

(
i
)

Essential to further a compelling government interest; and

(
ii
)

The least restrictive means of furthering that compelling governmental interest.

(c)

Nothing in this act shall be construed to allow or authorize a government employee or official from refusing to perform any of the duties or responsibilities which are required of that person's position or office, regardless of the person's religious or moral objections.

1
‑
35
‑
204
.

Claims and defenses

A person whose exercise of religion or moral conscience has been burdened in violation of this act may assert that violation as a claim or defense in any judicial or administrative proceeding and obtain appropriate relief, including equitable relief, against the government or person
acting
under color of state law.

1
‑
35
‑
205
.

Provisions to be liberally construed.

(a)

This act shall be liberally construed in favor of the broad interpretation of the exercise of religious and moral conscience to the maximum extent permitted by this act and the Wyoming constitution and the United States constitution
.

(b)

Nothing in this act shall be construed to excuse acts of licentiousness or justify practices inconsistent with the peace or safety of the state or its laws which protect the health and safety of the public.

Section
2
.

If any provision of this act or any application of any provision of this act to any person or circumstances is held to be unconstitutional, the remain
ing provisions
of this act and the application of the
remaining
provision
s of this act
to any other person or circumstance
shall
not
be
affected.

Section 3
.

This
act is effective July 1,
2015
.

(END)

1
HB0083