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HB0178 • 2024

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; authorizing claims and defenses against governmental action that burden religious freedom; providing exceptions; and providing for an effective date.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Washut
Last action
2024-02-16
Official status
inactive
Effective date
3/1/2024

Plain English Breakdown

The bill did not pass and was not considered for introduction. Therefore, it is uncertain how it would be enforced or interpreted in specific situations.

Religious Freedom Restoration Act

The Religious Freedom Restoration Act aims to protect individuals' rights to practice their religion from government actions that burden it.

What This Bill Does

  • Creates the Wyoming Religious Freedom Restoration Act, which protects religious freedom from government actions that burden it.
  • Defines key terms such as 'burden,' 'exercise of religion,' and 'government.'
  • Limits governmental actions that can burden a person's right to practice their religion unless the action is essential for a compelling interest and uses the least restrictive means possible.
  • Allows individuals whose religious freedom has been violated by government actions to seek relief in court.

Who It Names or Affects

  • Individuals who practice religion
  • Government entities and officials at state and local levels

Terms To Know

Burden
Any action by the government that limits or restricts religious practices.
Exercise of Religion
The practice or observance of religion, including actions motivated by sincere religious beliefs.

Limits and Unknowns

  • The bill did not pass and was not considered for introduction.
  • It is unclear how this act would be enforced or interpreted in specific situations.

Bill History

  1. 2024-02-16 House

    H Did not Consider for Introduction

  2. 2024-02-13 House

    H Received for Introduction

  3. 2024-02-12 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
24LSO-0369
2024
STATE OF WYOMING
24LSO-0369
Numbered
2.0

HOUSE BILL NO. HB0178

Religious Freedom Restoration Act.

Sponsored by: Representative(s) Washut, Allemand, Andrew, Banks, Burkhart, Crago, Harshman, Lawley, Newsome and O'Hearn and Senator(s) Biteman, Boner, Brennan, Kolb, Salazar and Steinmetz

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; authorizing claims and defenses against governmental action that burden religious freedom; 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
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101 through 9
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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
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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
‑
25‑101 through 9
‑
25
‑
105.

9
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25
‑
103.

Limitation on government action; exception.

(a)

Except as provided in subsection (b) of this section, government action 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
‑
25
‑
104.

Claims.

A person whose exercise of religion has been burdened in violation of this act shall 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, 2024
.

(END)

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HB0178