Text of CO HB 1206 (2018)

Second Regular Session Seventy-first General Assembly STATE OF COLORADO INTRODUCED LLS NO. 18-0730.02 Esther van Mourik x4215 HOUSE BILL 18-1206 House Committees Senate Committees Judiciary A BILL FOR AN ACT CONCERNING THE ESTABLISHMENT OF THE "LIVE AND LET LIVE ACT" 101 IN COLORADO. 102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill establishes the "Live and Let Live Act" in the state. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. In Colorado Revised Statutes, add part 10 to article 2 HOUSE SPONSORSHIP Humphrey, Everett, Neville P., Ransom, Leonard, Lewis, Van Winkle, Becker J., Lundeen, Saine, Sandridge, Willett, Williams D. SENATE SPONSORSHIP Lundberg, Marble, Baumgardner, Holbert, Lambert, Neville T., Priola, Sonnenberg Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. 34 of title 24 as follows: 1 PART 10 2 LIVE AND LET LIVE ACT 3 24-34-1001. Short title. THE SHORT TITLE OF THIS PART 10 IS THE 4 "LIVE AND LET LIVE ACT". 5 24-34-1002. Legislative declaration. (1) THE GENERAL 6 ASSEMBLY HEREBY FINDS AND DECLARES THAT: 7 (a) LEADING LEGAL SCHOLARS CONCUR THAT CONFLICTS BETWEEN 8 SAME-SEX MARRIAGE AND RELIGIOUS LIBERTY ARE REAL AND SHOULD BE 9 ADDRESSED THROUGH LEGISLATION; 10 (b) AFTER LEGALIZATION OF SAME-SEX MARRIAGE, RELIGIOUS 11 ADOPTION AND FOSTER-CARE AGENCIES IN MASSACHUSETTS, ILLINOIS, 12 AND THE DISTRICT OF COLUMBIA WERE FORCED TO CLOSE BECAUSE OF 13 THEIR SINCERELY HELD RELIGIOUS BELIEFS ABOUT MARRIAGE. ALSO, A 14 RELIGIOUS EDUCATIONAL INSTITUTION IN MASSACHUSETTS WAS 15 THREATENED BY THE GOVERNMENT WITH LOSS OF ITS ACCREDITATION 16 BECAUSE OF ITS SINCERELY HELD RELIGIOUS BELIEFS ABOUT MARRIAGE. 17 SMALL FAMILY-OWNED WEDDING BUSINESSES IN COLORADO, OREGON, 18 WASHINGTON, IOWA, NEW YORK, AND ELSEWHERE HAVE ENDURED FINES 19 OR FINANCIAL PENALTIES OR BEEN FORCED TO CLOSE BECAUSE THEY 20 OPERATED CONSISTENT WITH THEIR SINCERELY HELD RELIGIOUS BELIEFS 21 ABOUT MARRIAGE. IN COLORADO, A CAKE BAKER WHO WILLINGLY SERVED 22 CUSTOMERS FROM EVERY WALK OF LIFE WAS FORCED TO SHUT DOWN AN 23 ENTIRE FACET OF HIS BUSINESS, FORCED TO UNDERGO GOVERNMENT 24 "REEDUCATION", AND REQUIRED TO FILE CONSTANT COMPLIANCE REPORTS 25 WHEN HE DECLINED TO ADD HIS ARTISTIC TALENTS TO THE CREATION OF 26 A WEDDING CAKE THAT WOULD HAVE CELEBRATED A MARRIAGE HIS 27 HB18-1206 -2- CONSCIENCE REQUIRED HIM NOT TO PARTICIPATE IN. OF THE STATE'S 1 ACTIONS IN THIS CASE, UNITED STATES SUPREME COURT JUSTICE 2 ANTHONY KENNEDY STATED, "IT SEEMS TO ME THE STATE HAS BEEN 3 NEITHER TOLERANT NOR RESPECTFUL." IN AN EQUAL SOCIETY, TOLERANCE 4 MUST BE MUTUAL. 5 (c) CITIZENS OF THE STATE HOLD A WIDE RANGE OF REASONABLE 6 VIEWS ON THE ISSUE OF SAME-SEX MARRIAGE, AND MAINTAINING THE 7 STATE'S COMMITMENT TO RELIGIOUS FREEDOM WHEN FACED WITH THESE 8 GOOD-FAITH DIFFERENCES OF OPINION IS VITAL; 9 (d) OUR NATION HAS A LONG AND HONORABLE HISTORY OF 10 RESPECTING AND ACCOMMODATING THE RELIGIOUS FREEDOM RIGHTS OF 11 ITS PEOPLE, DATING FROM BEFORE THE AMERICAN REVOLUTION TO THE 12 PRESENT. FOR EXAMPLE, LAWS HAVE PROTECTED THE RIGHT OF QUAKERS 13 AND OTHER PACIFISTS TO SERVE THE NATION AS NONCOMBATANTS IN 14 TIMES OF WAR, THE RIGHT OF JEWS AND OTHER SABBATH OBSERVERS TO 15 DEDICATE THEIR TIME TO GOD AND FAMILY INSTEAD OF WORK ON THEIR 16 SABBATH, AND THE RIGHT OF RELIGIOUS ORGANIZATIONS TO PROVIDE 17 CHARITABLE SERVICES TO THE PUBLIC CONSISTENT WITH THEIR BELIEFS BY 18 HIRING INDIVIDUALS WHO SHARE THE SAME BELIEFS. RELIGIOUS FREEDOM 19 RIGHTS AND THE RIGHT TO CONSCIENCE HAVE, FOR DECADES, BEEN 20 ESTABLISHED AS A NONCONTROVERSIAL FOUNDATION OF AMERICAN 21 SOCIETY. THE UNITED STATES DOES NOT USE DISAGREEMENTS ABOUT 22 RELIGION OR CONSCIENCE AS AN EXCUSE TO BANISH RELIGIOUS OR 23 CONSCIENTIOUS ACTIVITY FROM THE VIEW OF THOSE IT MIGHT OFFEND. 24 (e) PROTECTING RELIGIOUS FREEDOM FROM GOVERNMENT 25 INTRUSION IS A STATE INTEREST OF THE HIGHEST ORDER. LEGISLATION 26 ADVANCES THIS INTEREST BY REMEDYING, DETERRING, AND PREVENTING 27 HB18-1206 -3- GOVERNMENT INTERFERENCE WITH RELIGIOUS EXERCISE IN A WAY THAT 1 COMPLEMENTS THE PROTECTIONS MANDATED BY THE STATE AND FEDERAL 2 CONSTITUTIONS. 3 (f) PROTECTING THE RELIGIOUS FREEDOM OF FAITH-BASED 4 CHARITIES AND EDUCATIONAL INSTITUTIONS SERVES THE STATE'S 5 COMPELLING INTEREST IN PROVIDING ESSENTIAL SOCIAL SERVICES TO THE 6 POOR AND EDUCATIONAL OPPORTUNITIES TO THE NEXT GENERATION. THIS 7 IS ALSO CONSISTENT WITH THE STATE'S LONG TRADITION OF COOPERATING 8 WITH RELIGIOUS ORGANIZATIONS WHEN PROVIDING THESE CRITICAL 9 SERVICES. 10 (g) LAWS AND GOVERNMENT ACTIONS THAT PROTECT THE FREE 11 EXERCISE OF RELIGIOUS BELIEFS AND MORAL CONVICTIONS ABOUT 12 MARRIAGE AND HUMAN SEXUALITY WILL ENCOURAGE PRIVATE CITIZENS 13 AND INSTITUTIONS TO DEMONSTRATE TOLERANCE FOR THOSE BELIEFS AND 14 CONVICTIONS AND THEREFORE CONTRIBUTE TO A MORE RESPECTFUL, 15 DIVERSE, AND PEACEFUL SOCIETY; AND 16 (h) IN A PLURALISTIC SOCIETY, IN WHICH PEOPLE OF GOOD FAITH 17 HOLD MORE THAN ONE VIEW OF MARRIAGE, IT IS POSSIBLE FOR THE 18 GOVERNMENT TO RECOGNIZE SAME-SEX MARRIAGE WITHOUT FORCING 19 PERSONS WITH SINCERELY HELD RELIGIOUS BELIEFS OR MORAL 20 CONVICTIONS TO CONFORM. 21 24-34-1003. Definitions. AS USED IN THIS PART 10, UNLESS THE 22 CONTEXT OTHERWISE REQUIRES: 23 (1) "ADOPTION OR FOSTER CARE" OR "ADOPTION OR FOSTER CARE 24 SERVICE" MEANS SOCIAL SERVICES PROVIDED TO OR ON BEHALF OF 25 CHILDREN, INCLUDING: 26 (a) ASSISTING ABUSED OR NEGLECTED CHILDREN; 27 HB18-1206 -4- (b) TEACHING CHILDREN AND PARENTS OCCUPATIONAL, 1 HOMEMAKING, AND OTHER DOMESTIC SKILLS; 2 (c) PROMOTING FOSTER PARENTING; 3 (d) PROVIDING FOSTER HOMES, RESIDENTIAL CARE, GROUP HOMES, 4 OR TEMPORARY GROUP SHELTERS FOR CHILDREN; 5 (e) RECRUITING FOSTER PARENTS; 6 (f) PLACING CHILDREN IN FOSTER HOMES; 7 (g) LICENSING FOSTER HOMES; 8 (h) PROMOTING ADOPTION OR RECRUITING ADOPTIVE PARENTS; 9 (i) ASSISTING ADOPTIONS OR SUPPORTING ADOPTIVE FAMILIES; 10 (j) PERFORMING OR ASSISTING HOME STUDIES; 11 (k) ASSISTING KINSHIP GUARDIANSHIPS OR KINSHIP CAREGIVERS; 12 (l) PROVIDING FAMILY PRESERVATION SERVICES; 13 (m) PROVIDING FAMILY SUPPORT SERVICES; AND 14 (n) PROVIDING TEMPORARY FAMILY REUNIFICATION SERVICES. 15 (2) "DISCRIMINATORY ACTION" MEANS AND INCLUDES ANY ACTION 16 TAKEN BY THE STATE GOVERNMENT TO: 17 (a) ALTER IN ANY WAY THE TAX TREATMENT OF, OR CAUSE ANY 18 TAX, PENALTY, OR PAYMENT TO BE ASSESSED AGAINST, OR DENY, DELAY, 19 REVOKE, OR OTHERWISE MAKE UNAVAILABLE AN EXEMPTION FROM 20 TAXATION OF ANY PERSON REFERRED TO IN SECTION 24-34-1005; 21 (b) DISALLOW, DENY, OR OTHERWISE MAKE UNAVAILABLE A 22 DEDUCTION FOR STATE TAX PURPOSES OF ANY CHARITABLE CONTRIBUTION 23 MADE TO OR BY ANY PERSON REFERRED TO IN SECTION 24-34-1005; 24 (c) WITHHOLD, REDUCE, EXCLUDE, TERMINATE, MATERIALLY 25 ALTER THE TERMS OR CONDITIONS OF, OR OTHERWISE MAKE UNAVAILABLE 26 OR DENY ANY STATE GRANT, CONTRACT, SUBCONTRACT, COOPERATIVE 27 HB18-1206 -5- AGREEMENT, GUARANTEE, LOAN, SCHOLARSHIP, OR OTHER SIMILAR 1 BENEFIT FROM OR TO ANY PERSON REFERRED TO IN SECTION 24-34-1005; 2 (d) WITHHOLD, REDUCE, EXCLUDE, TERMINATE, MATERIALLY 3 ALTER THE TERMS OR CONDITIONS OF, OR OTHERWISE MAKE UNAVAILABLE 4 OR DENY ANY ENTITLEMENT OR BENEFIT UNDER A STATE BENEFIT 5 PROGRAM FROM OR TO ANY PERSON REFERRED TO IN SECTION 24-34-1005; 6 (e) IMPOSE, LEVY, OR ASSESS A MONETARY FINE, FEE, PENALTY, 7 DAMAGES AWARD, OR INJUNCTION ON ANY PERSON REFERRED TO IN 8 SECTION 24-34-1005; 9 (f) WITHHOLD, REDUCE, EXCLUDE, TERMINATE, MATERIALLY 10 ALTER THE TERMS OR CONDITIONS OF, OR OTHERWISE MAKE UNAVAILABLE 11 OR DENY ANY LICENSE, CERTIFICATION, ACCREDITATION, CUSTODY AWARD 12 OR AGREEMENT, DIPLOMA, GRADE, RECOGNITION, OR OTHER SIMILAR 13 BENEFIT, POSITION, OR STATUS FROM OR TO ANY PERSON REFERRED TO IN 14 SECTION 24-34-1005; OR 15 (g) REFUSE TO HIRE OR PROMOTE, FORCE TO RESIGN, FIRE, 16 DEMOTE, SANCTION, DISCIPLINE, MATERIALLY ALTER THE TERMS OR 17 CONDITIONS OF EMPLOYMENT, OR RETALIATE OR TAKE OTHER ADVERSE 18 EMPLOYMENT ACTION AGAINST ANY PERSON REFERRED TO IN SECTION 19 24-34-1005 WHO IS EMPLOYED OR COMMISSIONED BY THE STATE 20 GOVERNMENT. 21 (3) "PERSON" MEANS: 22 (a) A NATURAL PERSON, IN HIS OR HER INDIVIDUAL CAPACITY, 23 REGARDLESS OF RELIGIOUS AFFILIATION OR LACK THEREOF, OR IN HIS OR 24 HER CAPACITY AS A MEMBER, OFFICER, OWNER, VOLUNTEER, EMPLOYEE, 25 MANAGER, RELIGIOUS LEADER, CLERGY, OR MINISTER OF ANY ENTITY 26 DESCRIBED IN THIS PART 10; 27 HB18-1206 -6- (b) A RELIGIOUS ORGANIZATION; 1 (c) A SOLE PROPRIETORSHIP, PARTNERSHIP, TRUST, CLOSELY HELD 2 CORPORATION, OR OTHER CLOSELY HELD ENTITY OPERATING WITH A 3 SINCERELY HELD RELIGIOUS BELIEF OR MORAL CONVICTION DESCRIBED IN 4 SECTION 24-34-1004; OR 5 (d) COOPERATIVES, VENTURES, OR ENTERPRISES COMPRISED OF 6 TWO OR MORE INDIVIDUALS OR ENTITIES DESCRIBED IN THIS SUBSECTION 7 (3) REGARDLESS OF NONPROFIT OR FOR-PROFIT STATUS. 8 (4) "RELIGIOUS ORGANIZATION" MEANS: 9 (a) A HOUSE OF WORSHIP, INCLUDING BUT NOT LIMITED TO 10 CHURCHES, SYNAGOGUES, SHRINES, MOSQUES, AND TEMPLES; 11 (b) A RELIGIOUS GROUP, CORPORATION, ASSOCIATION, SCHOOL OR 12 EDUCATIONAL INSTITUTION, MINISTRY, ORDER, SOCIETY, OR SIMILAR 13 ENTITY, REGARDLESS OF WHETHER IT IS INTEGRATED OR AFFILIATED WITH 14 A CHURCH OR OTHER HOUSE OF WORSHIP; AND 15 (c) AN OFFICER, OWNER, EMPLOYEE, MANAGER, RELIGIOUS 16 LEADER, CLERGY, OR MINISTER OF AN ENTITY OR ORGANIZATION 17 DESCRIBED IN THIS SUBSECTION (4). 18 (5) "STATE BENEFIT PROGRAM" MEANS ANY PROGRAM 19 ADMINISTERED OR FUNDED BY THE STATE, OR BY ANY AGENT ON BEHALF 20 OF THE STATE, PROVIDING CASH, PAYMENTS, GRANTS, CONTRACTS, LOANS, 21 OR IN-KIND ASSISTANCE. 22 (6) "STATE GOVERNMENT" MEANS: 23 (a) THE STATE OR A POLITICAL SUBDIVISION OF THE STATE; 24 (b) ANY AGENCY OF THE STATE OR OF A POLITICAL SUBDIVISION OF 25 THE STATE, INCLUDING A DEPARTMENT, BUREAU, BOARD, COMMISSION, 26 COUNCIL, COURT, OR PUBLIC INSTITUTION OF HIGHER EDUCATION; 27 HB18-1206 -7- (c) ANY PERSON ACTING UNDER COLOR OF STATE LAW; AND 1 (d) ANY PRIVATE PERSON SUING UNDER OR ATTEMPTING TO 2 ENFORCE A LAW, RULE, OR REGULATION ADOPTED BY THE STATE OR A 3 POLITICAL SUBDIVISION OF THE STATE. 4 24-34-1004. Protected religious beliefs and moral convictions. 5 (1) THE SINCERELY HELD RELIGIOUS BELIEFS OR MORAL CONVICTIONS 6 PROTECTED BY THIS PART 10 ARE THE BELIEFS OR CONVICTIONS: 7 (a) REGARDING THE SEX OF THE TWO INDIVIDUALS WHO MAY 8 ENTER INTO A MARRIAGE; 9 (b) THAT MALE (MAN) OR FEMALE (WOMAN) REFER TO AN 10 INDIVIDUAL'S IMMUTABLE BIOLOGICAL SEX AS OBJECTIVELY DETERMINED 11 BY ANATOMY AND GENETICS BY THE TIME OF BIRTH. 12 24-34-1005. Protections for persons, religious organizations, 13 and private associations. (1) NOTWITHSTANDING ANY LAW TO THE 14 CONTRARY, THE STATE GOVERNMENT SHALL NOT TAKE ANY 15 DISCRIMINATORY ACTION AGAINST A RELIGIOUS ORGANIZATION WHOLLY 16 OR PARTIALLY ON THE BASIS THAT SUCH ORGANIZATION: 17 (a) SOLEMNIZES OR DECLINES TO SOLEMNIZE ANY MARRIAGE, OR 18 PROVIDES OR DECLINES TO PROVIDE SERVICES, ACCOMMODATIONS, 19 FACILITIES, GOODS, OR PRIVILEGES FOR A PURPOSE RELATED TO THE 20 SOLEMNIZATION, FORMATION, CELEBRATION, OR RECOGNITION OF ANY 21 MARRIAGE, BASED UPON OR IN A MANNER CONSISTENT WITH A SINCERELY 22 HELD RELIGIOUS BELIEF OR MORAL CONVICTION DESCRIBED IN SECTION 23 24-34-1004; 24 (b) MAKES ANY EMPLOYMENT-RELATED DECISION, INCLUDING BUT 25 NOT LIMITED TO THE DECISION WHETHER OR NOT TO HIRE, TERMINATE, OR 26 DISCIPLINE AN INDIVIDUAL WHOSE CONDUCT OR RELIGIOUS BELIEFS ARE 27 HB18-1206 -8- INCONSISTENT WITH THOSE OF THE RELIGIOUS ORGANIZATION, BASED 1 UPON OR IN A MANNER CONSISTENT WITH A SINCERELY HELD RELIGIOUS 2 BELIEF OR MORAL CONVICTION DESCRIBED IN SECTION 24-34-1004; OR 3 (c) MAKES ANY DECISION CONCERNING THE SALE, RENTAL, 4 OCCUPANCY OF, OR TERMS AND CONDITIONS OF OCCUPYING A DWELLING 5 OR OTHER HOUSING UNDER ITS CONTROL BASED UPON OR IN A MANNER 6 CONSISTENT WITH A SINCERELY HELD RELIGIOUS BELIEF OR MORAL 7 CONVICTION DESCRIBED IN SECTION 24-34-1004. 8 (2) THE STATE GOVERNMENT SHALL NOT TAKE ANY 9 DISCRIMINATORY ACTION AGAINST A RELIGIOUS ORGANIZATION THAT 10 ADVERTISES, PROVIDES, OR FACILITATES ADOPTION OR FOSTER CARE, 11 WHOLLY OR PARTIALLY ON THE BASIS THAT SUCH ORGANIZATION HAS 12 PROVIDED OR DECLINED TO PROVIDE ANY ADOPTION OR FOSTER CARE 13 SERVICE, OR RELATED SERVICE, BASED UPON OR IN A MANNER CONSISTENT 14 WITH A SINCERELY HELD RELIGIOUS BELIEF OR MORAL CONVICTION 15 DESCRIBED IN SECTION 24-34-1004. 16 (3) THE STATE GOVERNMENT SHALL NOT TAKE ANY 17 DISCRIMINATORY ACTION AGAINST A PERSON WHO THE STATE GRANTS 18 CUSTODY OF A FOSTER OR ADOPTIVE CHILD, OR WHO SEEKS FROM THE 19 STATE CUSTODY OF A FOSTER OR ADOPTIVE CHILD, WHOLLY OR PARTIALLY 20 ON THE BASIS THAT THE PERSON GUIDES, INSTRUCTS, OR RAISES A CHILD, 21 OR INTENDS TO GUIDE, INSTRUCT, OR RAISE A CHILD, BASED UPON OR IN A 22 MANNER CONSISTENT WITH A SINCERELY HELD RELIGIOUS BELIEF OR 23 MORAL CONVICTION DESCRIBED IN SECTION 24-34-1004. 24 (4) THE STATE GOVERNMENT SHALL NOT TAKE ANY 25 DISCRIMINATORY ACTION AGAINST A PERSON WHOLLY OR PARTIALLY ON 26 THE BASIS THAT THE PERSON DECLINES TO PARTICIPATE IN THE PROVISION 27 HB18-1206 -9- OF TREATMENTS, COUNSELING, OR SURGERIES RELATED TO SEX 1 REASSIGNMENT OR GENDER IDENTITY TRANSITIONING OR DECLINES TO 2 PARTICIPATE IN THE PROVISION OF PSYCHOLOGICAL, COUNSELING, OR 3 FERTILITY SERVICES BASED UPON A SINCERELY HELD RELIGIOUS BELIEF OR 4 MORAL CONVICTION DESCRIBED IN SECTION 24-34-1004. THIS SUBSECTION 5 (4) MAY NOT BE CONSTRUED TO ALLOW ANY PERSON TO DENY VISITATION, 6 RECOGNITION OF A DESIGNATED REPRESENTATIVE FOR HEALTH CARE 7 DECISION-MAKING, OR EMERGENCY MEDICAL TREATMENT NECESSARY TO 8 CURE AN ILLNESS OR INJURY AS REQUIRED BY LAW. 9 (5) THE STATE GOVERNMENT SHALL NOT TAKE ANY 10 DISCRIMINATORY ACTION AGAINST A PERSON WHOLLY OR PARTIALLY ON 11 THE BASIS THAT THE PERSON HAS PROVIDED OR DECLINED TO PROVIDE THE 12 FOLLOWING SERVICES, ACCOMMODATIONS, FACILITIES, GOODS, OR 13 PRIVILEGES FOR A PURPOSE RELATED TO THE SOLEMNIZATION, FORMATION, 14 CELEBRATION, OR RECOGNITION OF ANY MARRIAGE, BASED UPON OR IN A 15 MANNER CONSISTENT WITH A SINCERELY HELD RELIGIOUS BELIEF OR 16 MORAL CONVICTION DESCRIBED IN SECTION 24-34-1004: 17 (a) PHOTOGRAPHY, POETRY, VIDEOGRAPHY, DISC-JOCKEY 18 SERVICES, WEDDING PLANNING, PRINTING, PUBLISHING, COUNSELING, OR 19 SIMILAR MARRIAGE-RELATED GOODS OR SERVICES; OR 20 (b) FLORAL ARRANGEMENTS, DRESS MAKING, CAKE OR PASTRY 21 ARTISTRY, ASSEMBLY-HALL OR OTHER WEDDING-VENUE RENTALS, 22 LIMOUSINE OR OTHER CAR-SERVICE RENTALS, JEWELRY SALES AND 23 SERVICES, OR SIMILAR MARRIAGE-RELATED SERVICES, ACCOMMODATIONS, 24 FACILITIES, OR GOODS. 25 (6) THE STATE GOVERNMENT SHALL NOT TAKE ANY 26 DISCRIMINATORY ACTION AGAINST A PERSON WHOLLY OR PARTIALLY ON 27 HB18-1206 -10- THE BASIS THAT THE PERSON ESTABLISHES SEX-SPECIFIC STANDARDS OR 1 POLICIES CONCERNING EMPLOYEE OR STUDENT DRESS OR GROOMING, OR 2 CONCERNING ACCESS TO RESTROOMS, SPAS, BATHS, SHOWERS, DRESSING 3 ROOMS, LOCKER ROOMS, OR OTHER INTIMATE FACILITIES OR SETTINGS, 4 BASED UPON OR IN A MANNER CONSISTENT WITH A SINCERELY HELD 5 RELIGIOUS BELIEF OR MORAL CONVICTION DESCRIBED IN SECTION 6 24-34-1004. 7 (7) THE STATE GOVERNMENT SHALL NOT TAKE ANY 8 DISCRIMINATORY ACTION AGAINST A STATE EMPLOYEE WHOLLY OR 9 PARTIALLY ON THE BASIS THAT SUCH EMPLOYEE LAWFULLY SPEAKS OR 10 ENGAGES IN EXPRESSIVE CONDUCT BASED UPON OR IN A MANNER 11 CONSISTENT WITH A SINCERELY HELD RELIGIOUS BELIEF OR MORAL 12 CONVICTION DESCRIBED IN SECTION 24-34-1004, SO LONG AS: 13 (a) IF THE EMPLOYEE'S SPEECH OR EXPRESSIVE CONDUCT OCCURS 14 IN THE WORKPLACE, THAT SPEECH OR EXPRESSIVE CONDUCT IS 15 CONSISTENT WITH THE TIME, PLACE, MANNER, AND FREQUENCY OF ANY 16 OTHER EXPRESSION OF A RELIGIOUS, POLITICAL, OR MORAL BELIEF OR 17 CONVICTION ALLOWED; OR 18 (b) IF THE EMPLOYEE'S SPEECH OR EXPRESSIVE CONDUCT OCCURS 19 OUTSIDE THE WORKPLACE, THAT SPEECH OR EXPRESSIVE CONDUCT IS IN 20 THE EMPLOYEE'S PERSONAL CAPACITY AND OUTSIDE THE COURSE OF 21 PERFORMING WORK DUTIES. 22 (8) (a) ANY PERSON EMPLOYED BY OR ACTING ON BEHALF OF THE 23 STATE GOVERNMENT WHO HAS AUTHORITY TO AUTHORIZE OR LICENSE 24 MARRIAGES, INCLUDING BUT NOT LIMITED TO COUNTY CLERKS OR THEIR 25 DEPUTIES, MAY SEEK RECUSAL FROM AUTHORIZING OR LICENSING LAWFUL 26 MARRIAGES BASED UPON OR IN A MANNER CONSISTENT WITH A SINCERELY 27 HB18-1206 -11- HELD RELIGIOUS BELIEF OR MORAL CONVICTION DESCRIBED IN SECTION 1 24-34-1004. ANY PERSON MAKING SUCH RECUSAL SHALL PROVIDE PRIOR 2 WRITTEN NOTICE TO THE SECRETARY OF STATE, AND THE STATE 3 GOVERNMENT SHALL NOT TAKE ANY DISCRIMINATORY ACTION AGAINST 4 THAT PERSON WHOLLY OR PARTIALLY ON THE BASIS OF SUCH RECUSAL. 5 THE SECRETARY OF STATE SHALL TAKE ALL NECESSARY STEPS TO ENSURE 6 THAT THE AUTHORIZATION AND LICENSING OF ANY LEGALLY VALID 7 MARRIAGE IS NOT IMPEDED OR DELAYED AS A RESULT OF ANY RECUSAL. 8 (b) ANY PERSON EMPLOYED OR ACTING ON BEHALF OF THE STATE 9 GOVERNMENT WHO HAS AUTHORITY TO PERFORM OR SOLEMNIZE 10 MARRIAGES, INCLUDING BUT NOT LIMITED TO JUDGES, MAGISTRATES, 11 JUSTICES OF THE PEACE, OR THEIR DEPUTIES, MAY SEEK RECUSAL FROM 12 PERFORMING OR SOLEMNIZING LAWFUL MARRIAGES BASED UPON OR IN A 13 MANNER CONSISTENT WITH A SINCERELY HELD RELIGIOUS BELIEF OR 14 MORAL CONVICTION DESCRIBED IN SECTION 24-34-1004. ANY PERSON 15 MAKING SUCH RECUSAL SHALL PROVIDE PRIOR WRITTEN NOTICE TO THE 16 SECRETARY OF STATE, AND THE STATE GOVERNMENT SHALL NOT TAKE 17 ANY DISCRIMINATORY ACTION AGAINST THAT PERSON WHOLLY OR 18 PARTIALLY ON THE BASIS OF SUCH RECUSAL. THE SECRETARY OF STATE 19 SHALL TAKE ALL NECESSARY STEPS TO ENSURE THAT THE PERFORMANCE 20 OR SOLEMNIZATION OF ANY LEGALLY VALID MARRIAGE IS NOT IMPEDED OR 21 DELAYED AS A RESULT OF ANY RECUSAL. 22 (9) THE STATE GOVERNMENT SHALL CONSIDER ACCREDITED, 23 LICENSED, OR CERTIFIED ANY PERSON THAT WOULD OTHERWISE BE 24 ACCREDITED, LICENSED, OR CERTIFIED, RESPECTIVELY, FOR ANY PURPOSES 25 UNDER STATE LAW BUT FOR A DETERMINATION AGAINST SUCH PERSON 26 WHOLLY OR PARTIALLY ON THE BASIS THAT THE PERSON BELIEVES, 27 HB18-1206 -12- SPEAKS, OR ACTS IN ACCORDANCE WITH A SINCERELY HELD RELIGIOUS 1 BELIEF OR MORAL CONVICTION DESCRIBED IN SECTION 24-34-1004. 2 24-34-1006. Claim or defense against state action. (1) Cause 3 of action and defense. A PERSON MAY ASSERT A VIOLATION OF THIS PART 4 10 AS A CLAIM AGAINST THE STATE GOVERNMENT IN ANY JUDICIAL OR 5 ADMINISTRATIVE PROCEEDING OR AS A DEFENSE IN ANY JUDICIAL OR 6 ADMINISTRATIVE PROCEEDING WITHOUT REGARD TO WHETHER THE 7 PROCEEDING IS BROUGHT BY OR IN THE NAME OF THE STATE GOVERNMENT, 8 ANY PRIVATE PERSON, OR ANY OTHER PARTY. 9 (2) Administrative remedies not required. NOTWITHSTANDING 10 ANY OTHER PROVISION OF LAW TO THE CONTRARY, AN ACTION UNDER 11 PART 10 MAY BE COMMENCED, AND RELIEF MAY BE GRANTED, IN A COURT 12 OF THE STATE WITHOUT REGARD TO WHETHER THE PERSON COMMENCING 13 THE ACTION HAS SOUGHT OR EXHAUSTED AVAILABLE ADMINISTRATIVE 14 REMEDIES. 15 24-34-1007. Remedies. (1) (a) EXCEPT AS PROVIDED IN 16 SUBSECTION (1)(b) OF THIS SECTION, ANY PERSON WHO SUCCESSFULLY 17 ASSERTS A CLAIM OR DEFENSE UNDER THIS PART 10 MAY RECOVER: 18 (I) DECLARATORY RELIEF; 19 (II) INJUNCTIVE RELIEF TO PREVENT OR REMEDY A VIOLATION OF 20 THIS PART 10 OR THE EFFECTS OF SUCH A VIOLATION; 21 (III) COMPENSATORY DAMAGES FOR PECUNIARY AND 22 NONPECUNIARY LOSSES; 23 (IV) REASONABLE ATTORNEYS' FEES AND COSTS; AND 24 (V) ANY OTHER APPROPRIATE RELIEF. 25 (b) ONLY DECLARATORY RELIEF AND INJUNCTIVE RELIEF SHALL BE 26 AVAILABLE AGAINST A PRIVATE PERSON NOT ACTING UNDER COLOR OF 27 HB18-1206 -13- STATE LAW UPON A SUCCESSFUL ASSERTION OF A DEFENSE UNDER THIS 1 PART 10. 2 24-34-1008. Immunity waived. (1) NOTWITHSTANDING ANY 3 LAW TO THE CONTRARY, SOVEREIGN, GOVERNMENTAL, AND QUALIFIED 4 IMMUNITIES TO SUIT AND FROM LIABILITY ARE WAIVED AND ABOLISHED TO 5 THE EXTENT OF LIABILITY CREATED BY THIS PART 10, AND A PERSON MAY 6 SUE THE STATE GOVERNMENT, EXCEPT STATE COURTS, FOR DAMAGES 7 ALLOWED BY THIS PART 10. 8 (2) NOTWITHSTANDING SUBSECTION (1) OF THIS SECTION, THIS 9 PART 10 DOES NOT WAIVE OR ABOLISH SOVEREIGN IMMUNITY TO SUIT AND 10 FROM LIABILITY UNDER THE ELEVENTH AMENDMENT TO THE UNITED 11 STATES CONSTITUTION. 12 24-34-1009. Two-year limitation period. A PERSON MUST BRING 13 AN ACTION TO ASSERT A CLAIM UNDER THIS PART 10 NOT LATER THAN TWO 14 YEARS AFTER THE DATE THAT THE PERSON KNEW OR SHOULD HAVE 15 KNOWN THAT A DISCRIMINATORY ACTION WAS TAKEN AGAINST THAT 16 PERSON. 17 24-34-1010. Rules of construction. (1) Broad construction. 18 THIS PART 10 MUST BE CONSTRUED IN FAVOR OF A BROAD PROTECTION OF 19 FREE EXERCISE OF RELIGIOUS BELIEFS AND MORAL CONVICTIONS, TO THE 20 MAXIMUM EXTENT PERMITTED BY THE STATE AND FEDERAL 21 CONSTITUTIONS. 22 (2) No preemption, repeal, or narrow construction. THE 23 PROTECTION OF FREE EXERCISE OF RELIGIOUS BELIEFS AND MORAL 24 CONVICTIONS AFFORDED BY THIS PART 10 ARE IN ADDITION TO THE 25 PROTECTIONS PROVIDED UNDER FEDERAL LAW, STATE LAW, AND THE 26 STATE AND FEDERAL CONSTITUTIONS. NOTHING IN THIS PART 10 MAY BE 27 HB18-1206 -14- CONSTRUED TO PREEMPT OR REPEAL ANY STATE OR LOCAL LAW THAT IS 1 EQUALLY OR MORE PROTECTIVE OF FREE EXERCISE OF RELIGIOUS BELIEFS 2 OR MORAL CONVICTIONS. NOTHING IN THIS PART 10 MAY BE CONSTRUED 3 TO NARROW THE MEANING OR APPLICATION OF ANY STATE OR LOCAL LAW 4 PROTECTING FREE EXERCISE OF RELIGIOUS BELIEFS OR MORAL 5 CONVICTIONS. NOTHING IN THIS PART 10 MAY BE CONSTRUED TO PREVENT 6 THE STATE GOVERNMENT FROM PROVIDING, EITHER DIRECTLY OR 7 THROUGH AN INDIVIDUAL OR ENTITY NOT SEEKING PROTECTION UNDER 8 THIS PART 10, ANY BENEFIT OR SERVICE AUTHORIZED UNDER STATE LAW. 9 (3) Supersede other state law. THIS PART 10 APPLIES TO, AND IN 10 CASES OF CONFLICT SUPERSEDES, EACH STATUTE OF THE STATE THAT 11 IMPINGES UPON THE FREE EXERCISE OF RELIGIOUS BELIEFS AND MORAL 12 CONVICTIONS PROTECTED BY THIS PART 10, UNLESS A CONFLICTING 13 STATUTE IS EXPRESSLY MADE EXEMPT FROM THE APPLICATION OF THIS 14 PART 10. THIS PART 10 ALSO APPLIES TO, AND IN CASES OF CONFLICT 15 SUPERSEDES, ANY ORDINANCE, RULE, REGULATION, ORDER, OPINION, 16 DECISION, PRACTICE, OR OTHER EXERCISE OF THE STATE GOVERNMENT'S 17 AUTHORITY THAT IMPINGES UPON THE FREE EXERCISE OF RELIGIOUS 18 BELIEFS AND MORAL CONVICTIONS PROTECTED BY THIS PART 10. 19 (4) Severability. IF ANY PROVISION OF THIS PART 10 OR ANY 20 APPLICATION OF SUCH PROVISION TO ANY PARTICULAR PERSON OR 21 CIRCUMSTANCE IS HELD TO BE INVALID UNDER LAW, THE REMAINDER OF 22 THIS PART 10 AND THE APPLICATION OF ITS PROVISIONS TO ANY OTHER 23 PERSON OR CIRCUMSTANCE IS NOT AFFECTED. 24 SECTION 2. Act subject to petition - effective date. This act 25 takes effect at 12:01 a.m. on the day following the expiration of the 26 ninety-day period after final adjournment of the general assembly (August 27 HB18-1206 -15- 8, 2018, if adjournment sine die is on May 9, 2018); except that, if a 1 referendum petition is filed pursuant to section 1 (3) of article V of the 2 state constitution against this act or an item, section, or part of this act 3 within such period, then the act, item, section, or part will not take effect 4 unless approved by the people at the general election to be held in 5 November 2018 and, in such case, will take effect on the date of the 6 official declaration of the vote thereon by the governor. 7 HB18-1206 -16-