Lex Anteinternet: The 2023 Wyoming Legislative Session. Wyoming Religious Freedom Restoration Act.

Lex Anteinternet: The 2023 Wyoming Legislative Session. End of the f...: HB262 would have you believe that religious rights need to be restored in Wyoming, when in fact its a prophylactic bill aimed at the fear they will be restricted.  It states:

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

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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

9‑25‑101.  Religious Freedom Restoration Act; short title.

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

9‑25‑102.  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. 9‑25‑201 through 9‑25‑205.

9‑25‑103.  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.

9‑25‑104.  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.

9‑25‑105.  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.