Text of OK HB 1371 (2015)
Oklahoma Religious Freedom Act; prohibiting state or subdivision from making certain claim under certain action; effective date.
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As introduced
3,169 characters
Req. No. 5499
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STATE OF OKLAHOMA
1st Session of the 55th Legislature (2015)
HOUSE BILL 1371
By: Strohm
AS INTRODUCED
An Act relating to the Oklahoma Religious Freedom
Act; amending 51 O.S. 2011, Section 252, which
relates to definitions; adding certain definition;
prohibiting state or subdivision from making certain
claim under certain action; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2011, Section 252, is
amended to read as follows:
Section 252. In this act the Oklahoma Religious Freedom Act:
1. "Demonstrates" means the burdens of going forward with the
evidence and of persuasion under the standard of clear and
convincing evidence are met;
2. "Exercise of religion" means the exercise of religion under
Article 1, Section 2, of the Constitution of the State of Oklahoma,
the Oklahoma Religious Freedom Act, and the First Amendment to the
Constitution of the United States;
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3. "Fraudulent claim" means a claim that is dishonest in fact
or that is made principally for a patently improper purpose, such as
to harass the opposing party;
4. "Frivolous claim" means a claim which lacks merit under
existing law and which cannot be supported by a good-faith argument
for the extension, modification, or reversal of existing law or the
establishment of new law;
5. "Governmental entity" means any branch, department, agency,
or instrumentality of state government, or any official or other
person acting under color of state law, or any political subdivision
of this state;
6. "Person" means a natural or juridical person, including but
not limited to unincorporated nonprofit associations;
7. "Prevails" means to obtain prevailing party status as
defined by courts construing the federal Civil Rights Attorney's
Fees Awards Act of 1976, 42 U.S.C. § 1988; and
7. 8. "Substantially burden" means to inhibit or curtail
religiously motivated practice.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 255A of Title 51, unless there
is created a duplication in numbering, reads as follows:
In any action brought under the Oklahoma Religious Freedom Act,
neither the State of Oklahoma nor any subdivision thereof shall be
entitled to claim a governmental interest which purports to require
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any person to participate in any marriage ceremony, celebration, or
other related activity or to provide items or services for such
purposes against the person's religious beliefs.
SECTION 3. This act shall become effective November 1, 2015.
55-1-5499
AM
01/04/15