Text of MD HB 356 (2026)
Human Relations - Protection of the Free Exercise of Religion
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As introduced
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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0356*
HOUSE BILL 356
D5
6lr1171
HB 1019/25 – HGO
By: Delegates Schmidt and Rosenberg
Introduced and read first time: January 19, 2026
Assigned to: Government, Labor, and Elections
A BILL ENTITLED
AN ACT concerning
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Human Relations – Protection of the Free Exercise of Religion
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FOR the purpose of prohibiting a governmental authority, under certain circumstances,
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from burdening a person’s exercise of religion; authorizing a person aggrieved by a
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violation of this Act to obtain certain relief in a civil action; and generally relating to
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the protection of religious freedom.
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BY adding to
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Article – State Government
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Section 20–1301 through 20–1305 to be under the new subtitle “Subtitle 13.
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Religious Freedom”
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Annotated Code of Maryland
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(2021 Replacement Volume and 2025 Supplement)
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Preamble
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WHEREAS, The framers of the U.S. Constitution and the people of this State,
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recognizing free exercise of religion as an inalienable right, secured its protection in the
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First Amendment to the U.S. Constitution and in Article 36 of the Declaration of Rights of
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the Maryland Constitution, respectively; and
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WHEREAS, In City of Boerne v. Flores, the U.S. Supreme Court held that the
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compelling interest test provided for in the federal Religious Freedom Restoration Act to
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protect the inalienable constitutional right of free exercise of religion must be adopted by a
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state through legislative act or court decision in order to apply to state or local government
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action; and
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WHEREAS, The Senate of Maryland and the Maryland House of Delegates have
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determined that the same compelling interest test provided for in the federal Religious
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Freedom Restoration Act applies to the State and local governments in Maryland; now,
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therefore,
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HOUSE BILL 356
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
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That the Laws of Maryland read as follows:
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Article – State Government
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SUBTITLE 13. RELIGIOUS FREEDOM.
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20–1301.
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(A)
IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
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INDICATED.
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(B)
“COMPELLING GOVERNMENTAL INTEREST” MEANS AN INTEREST
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ARISING FROM A SUBSTANTIAL THREAT TO PUBLIC HEALTH, SAFETY, PEACE,
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ORDER, OR GENERAL WELFARE.
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(C)
“EXERCISE OF RELIGION” MEANS THE PRACTICE OR OBSERVANCE OF
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RELIGIOUS BELIEFS, WHETHER OR NOT COMPELLED BY OR CENTRAL TO A SYSTEM
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OF RELIGIOUS BELIEF, INCLUDING OBSERVANCE UNDER ARTICLE 36 OF THE
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DECLARATION OF RIGHTS OF THE MARYLAND CONSTITUTION OR THE FREE
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EXERCISE CLAUSE OF THE FIRST AMENDMENT TO THE U.S. CONSTITUTION.
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(D)
“GOVERNMENTAL ACTION” MEANS A LAW, A REGULATION, AN
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ADMINISTRATIVE ORDER, A DECISION, A PRACTICE, OR ANY OTHER EXERCISE OF
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GOVERNMENTAL AUTHORITY.
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(E)
“GOVERNMENTAL AUTHORITY” INCLUDES:
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(1)
THE STATE, A COUNTY, OR A MUNICIPAL CORPORATION OR ANY
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SUBDIVISION OF THE STATE, A COUNTY, OR A MUNICIPAL CORPORATION; AND
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(2)
ANY OFFICIAL OR OTHER INDIVIDUAL ACTING WITHIN THE SCOPE
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OF THE INDIVIDUAL’S EMPLOYMENT BY ANY ENTITY DESCRIBED IN ITEM (1) OF THIS
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SUBSECTION.
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(F)
“PERSON” INCLUDES:
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(1)
AN INDIVIDUAL; AND
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(2)
A RELIGIOUS ORGANIZATION, ASSOCIATION, OR CORPORATION.
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20–1302.
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HOUSE BILL 356
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THIS SUBTITLE APPLIES TO A GOVERNMENTAL ACTION TAKEN BY A
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GOVERNMENTAL AUTHORITY ON OR AFTER JULY 1, 2026, INCLUDING A
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GOVERNMENTAL ACTION TAKEN PURSUANT TO A LAW, REGULATION, POLICY,
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GUIDELINE, OR OTHER AUTHORITY THAT WAS IN EFFECT PRIOR TO JULY 1, 2026,
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UNLESS STATE LAW EXPRESSLY EXCLUDES THAT GOVERNMENTAL ACTION FROM
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COVERAGE UNDER THIS SUBTITLE.
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20–1303.
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(A)
EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A
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GOVERNMENTAL AUTHORITY MAY NOT SUBSTANTIALLY BURDEN A PERSON’S
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EXERCISE OF RELIGION EVEN IF THE BURDEN RESULTS FROM A RULE OF GENERAL
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APPLICABILITY.
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(B)
A GOVERNMENTAL AUTHORITY MAY SUBSTANTIALLY BURDEN A
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PERSON’S EXERCISE OF RELIGION ONLY IF THE GOVERNMENTAL AUTHORITY
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DEMONSTRATES THAT APPLICATION OF THE BURDEN TO THE PERSON IS:
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(1)
IN FURTHERANCE OF A COMPELLING GOVERNMENTAL INTEREST;
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AND
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(2)
THE
LEAST
RESTRICTIVE
MEANS
OF
FURTHERING
THAT
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COMPELLING GOVERNMENTAL INTEREST.
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20–1304.
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(A)
A PERSON AGGRIEVED BY A VIOLATION OF THIS SUBTITLE MAY OBTAIN
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APPROPRIATE RELIEF
IN
A
CIVIL ACTION
IN
A
COURT
OF
COMPETENT
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JURISDICTION.
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(B)
SUBJECT TO SUBSECTION (C) OF THIS SECTION, APPROPRIATE RELIEF
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UNDER THIS SUBTITLE MAY INCLUDE:
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(1)
INJUNCTIVE RELIEF; AND
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(2)
COMPENSATORY DAMAGES INCLUDING REASONABLE ATTORNEY’S
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FEES.
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(C)
A PERSON AGGRIEVED BY A VIOLATION OF THIS SUBTITLE BY AN
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OFFICIAL OR EMPLOYEE OF AN ENTITY DESCRIBED IN § 20–1301(E)(1) OF THIS
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SUBTITLE MAY SEEK:
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HOUSE BILL 356
(1)
INJUNCTIVE RELIEF AGAINST THE OFFICIAL OR EMPLOYEE OR
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THE ENTITY BY WHICH THE OFFICIAL OR EMPLOYEE IS EMPLOYED;
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(2)
COMPENSATORY DAMAGES AGAINST THE ENTITY BY WHICH THE
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OFFICIAL OR EMPLOYEE IS EMPLOYED; AND
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(3)
IF THE OFFICIAL OR EMPLOYEE WAS ACTING CLEARLY OUTSIDE
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THE SCOPE OF THE OFFICIAL’S OR EMPLOYEE’S EMPLOYMENT, COMPENSATORY
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DAMAGES AGAINST THE OFFICIAL OR EMPLOYEE.
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(D)
THE RIGHTS ESTABLISHED UNDER THIS SUBTITLE MAY BE RAISED BY A
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PLAINTIFF IN AN ACTION FOR RELIEF UNDER THIS SECTION OR AS A DEFENSE TO AN
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ACTION.
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(E)
A CLAIM FOR DAMAGES BROUGHT UNDER THIS SUBTITLE IS SUBJECT
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TO:
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(1)
THE LOCAL GOVERNMENT TORT CLAIMS ACT UNDER TITLE 5,
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SUBTITLE 3 OF THE COURTS ARTICLE; OR
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(2)
THE MARYLAND TORT CLAIMS ACT UNDER TITLE 12, SUBTITLE 1
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OF THIS ARTICLE.
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20–1305.
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(A)
(1)
IN THIS SUBSECTION, “PROVIDING” DOES NOT INCLUDE THE
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DENIAL OF FUNDING, BENEFITS, OR EXEMPTIONS.
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(2)
THIS SUBTITLE MAY NOT BE CONSTRUED TO PROHIBIT ANY
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GOVERNMENTAL ACTION PROVIDING FUNDING, BENEFITS, OR EXEMPTIONS TO THE
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EXTENT PERMITTED UNDER THE MARYLAND DECLARATION OF RIGHTS OR THE
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MARYLAND CONSTITUTION.
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(B)
THIS SUBTITLE MAY NOT BE CONSTRUED TO AFFECT, INTERPRET, OR
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ADDRESS IN ANY WAY THE SUBSTANCE OF THE MARYLAND DECLARATION OF
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RIGHTS OR THE MARYLAND CONSTITUTION.
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(C)
THE PROTECTION OF RELIGIOUS LIBERTY PROVIDED UNDER THIS
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SUBTITLE IS IN ADDITION TO AND DOES NOT REDUCE THE PROTECTIONS PROVIDED
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UNDER
THE MARYLAND DECLARATION
OF RIGHTS
OR
THE MARYLAND
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CONSTITUTION.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
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1, 2026.
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