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HB0262 • 2023

Wyoming Religious Freedom Restoration Act.

AN ACT relating to religious freedom; creating the 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 exceptions; and providing for an effective date.

Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor
Representative Washut
Last action
2023-02-07
Official status
inactive
Effective date
3/1/2023

Plain English Breakdown

The bill did not pass and is inactive, so its provisions are not enforceable.

Wyoming Religious Freedom Restoration Act

The Wyoming Religious Freedom Restoration Act aims to protect individuals' religious freedom by limiting government actions that burden it and allowing people to seek relief in court if their religious exercise is restricted.

What This Bill Does

  • Creates the Religious Freedom Restoration Act for Wyoming, which sets rules about how the government can limit religious practices.
  • Defines key terms like 'burden,' 'exercise of religion,' and 'government' to clarify what actions are covered under the act.
  • Limits governmental actions that burden a person's right to exercise their religion unless the action is essential to furthering a compelling government interest in the least restrictive way possible.
  • Allows individuals whose religious freedom has been restricted by government actions to sue for relief in court.

Who It Names or Affects

  • People who practice religion and may face restrictions from government actions.
  • Government entities at all levels in Wyoming, including departments, agencies, and officials.
  • Courts in Wyoming when people sue for violations of their religious freedom under this act.

Terms To Know

Burden
An action by the government that limits or restricts someone's ability to practice religion.
Exercise of Religion
The practice or observance of religious beliefs, including actions motivated by sincere religious belief.

Limits and Unknowns

  • The bill did not pass and is marked as inactive in the current session.
  • It does not specify what types of relief individuals can seek if their religious freedom is restricted.
  • The act's effectiveness date was set for July 1, 2023, but since it died in committee, this date will not be reached.

Bill History

  1. 2023-02-07 House

    H:Died in Committee Returned Bill Pursuant to HR 5-4

  2. 2023-02-07 House

    H No report prior to CoW Cutoff

  3. 2023-01-31 House

    H Introduced and Referred to H01 - Judiciary

  4. 2023-01-25 House

    H Received for Introduction

  5. 2023-01-25 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
23LSO-0575
2023
STATE OF WYOMING
23LSO-0575
Numbered
2.0

HOUSE BILL NO. HB0262

Wyoming Religious Freedom Restoration Act.

Sponsored by: Representative(s) Washut, Burkhart, Crago, Harshman and Olsen and Senator(s) Biteman, Hutchings, Kolb and Salazar

A BILL

for

AN ACT relating to religious freedom; creating the 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 exceptions; and providing for an effective date.

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

Section 1
.

W.S. 9
‑
25
‑
101 through 9
‑
25
‑
105 are created to read:

CHAPTER 25
RELIGIOUS FREEDOM

ARTICLE 1
RELIGIOUS FREEDOM RESTORATION ACT

9
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25
‑
101.

Religious Freedom Restoration Act; short title.

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

9
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25
‑
102.

Definitions.

(a)

As used in this act:

(i)

"Burden" means any action that intentionally either directly or indirectly constrains, inhibits, curtails or denies the exercise of religion by government action, including any person acting under the color of state law where the action is intended for that purpose, including, but not limited to:

(A)

Withholding of benefits;

(B)

Assessing criminal, civil or administrative penalties;

(C)

Exclusion 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)

"Person" means any natural person, association, partnership, corporation, religious institution or other legal entity;

(v)

"This act" means W.S. 9
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25‑201 through 9
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25
‑
205.

9
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25
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103.

Limitation on government action; exception.

(a)

Except as provided in subsection (b) of this section, government action, including action by any person acting under color of state law, shall not:

(i)

Burden a person's right to the exercise of religion even if the burden results from a rule of general applicability;

(ii)

Burden a person's right to the exercise of religion more restrictively than comparable secular conduct because of any economic need or benefit;

(iii)

Burden a person's right to the exercise of religion more restrictively than any secular conduct of reasonably comparable risk.

(b)

Government may substantially burden a person's right to the exercise of religion only if it demonstrates that application of the burden to that person's exercise of religion 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.

9
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25
‑
104.

Claims.

A person whose exercise of religion has been burdened in violation of this act may have a claim in a court of competent jurisdiction and may obtain appropriate relief.

9
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25
‑
105.

Provisions to be liberally construed.

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

Section 2
.

This act is effective July 1, 2023
.

(END)

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HB0262