Text of OK SB 404 (2023)
Oklahoma Religious Freedom Act; establishing exclusion from certain funds or benefits for certain reasons as substantial burden. Effective date.
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As introduced
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Req. No. 734
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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 404
By: Daniels
AS INTRODUCED
An Act relating to the Oklahoma Religious Freedom
Act; amending 51 O.S. 2021, Sections 253, as last
amended by Section 1, Chapter 235, O.S.L. 2022, and
255, as last amended by Section 12, Chapter 321,
O.S.L. 2022 (51 O.S. Supp. 2022, Sections 253 and
255), which relate to burden upon free exercise of
religion and construction of act; establishing
exclusion from certain funds or benefits for certain
reasons as substantial burden; removing definition;
updating statutory reference; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2021, Section 253, as last
amended by Section 1, Chapter 235, O.S.L. 2022 (51 O.S. Supp. 2022,
Section 253), is amended to read as follows:
Section 253. A. Except as provided in subsection B of this
section, no governmental entity shall substantially burden a
person’s free exercise of religion even if the burden results from a
rule of general applicability.
Req. No. 734
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B. No governmental entity shall substantially burden a person’s
free exercise of religion unless it demonstrates that application of
the burden to the person is:
1. Essential to further a compelling governmental interest; and
2. The least restrictive means of furthering that compelling
governmental interest.
C. No governmental entity as defined pursuant to Section 252 of
this title shall declare or deem a religious institution and any
activity directly related to the institution’s discharge of its
mission and purpose to be nonessential. No religious institution
shall be subject to a closure or restriction for the purposes of
health or security that is greater than that imposed upon any
private entity facing the same or similar health or security
conditions.
D. It shall be deemed a substantial burden to exclude any
person or entity from participation in or receipt of governmental
funds, benefits, programs, or exemptions based solely on the
religious character or affiliation of the person or entity.
SECTION 2. AMENDATORY 51 O.S. 2021, Section 255, as last
amended by Section 12, Chapter 321, O.S.L. 2022 (51 O.S. Supp. 2022,
Section 255), is amended to read as follows:
Section 255. A. Nothing in this act shall be construed to:
1. Authorize any government entity to substantially burden any
religious belief;
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2. Authorize same-sex marriages, unions, or the equivalent
thereof; or
3. Affect, interpret, or in any way address those portions of
Article I, Section 2 and Article II, Section 5 of the Constitution
of the State of Oklahoma, the Oklahoma Religious Freedom Act, or the
First Amendment to the Constitution of the United States that
prohibit laws respecting the establishment of religion.
B. Granting governmental funds, benefits, or exemptions to the
extent permissible under paragraph 3 of subsection A of this section
shall not constitute a violation of this section. As used in this
subsection, “granting government funds, benefits, or exemptions”
shall not include the denial of government funding, benefits, or
exemptions. This provision does not in and of itself require
vouchers.
C. A civil action brought under Section 5 of this act 1-745.55
of Title 63 of the Oklahoma Statutes shall not be subject to any
provision of the Oklahoma Religious Freedom Act.
SECTION 3. This act shall become effective November 1, 2023.
59-1-734
TEK
1/16/2023 12:34:14 PM
As enrolled or final
4,723 characters
An Act
ENROLLED SENATE
BILL NO. 404
By: Daniels and Jett of the
Senate
and
Echols, Lepak, Caldwell
(Chad), Boatman, Hill, and
West (Kevin) of the House
An Act relating to the Oklahoma Religious Freedom
Act; amending 51 O.S. 2021, Sections 253, as last
amended by Section 1, Chapter 235, O.S.L. 2022, and
255, as last amended by Section 12, Chapter 321,
O.S.L. 2022 (51 O.S. Supp. 2022, Sections 253 and
255), which relate to burden upon free exercise of
religion and construction of act; establishing
exclusion from certain funds or benefits for certain
reasons as substantial burden; removing definition;
updating statutory reference; and providing an
effective date.
SUBJECT: Oklahoma Religious Freedom Act
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2021, Section 253, as last
amended by Section 1, Chapter 235, O.S.L. 2022 (51 O.S. Supp. 2022,
Section 253), is amended to read as follows:
Section 253. A. Except as provided in subsection B of this
section, no governmental entity shall substantially burden a
person’s free exercise of religion even if the burden results from a
rule of general applicability.
ENR. S. B. NO. 404
Page 2
B. No governmental entity shall substantially burden a person’s
free exercise of religion unless it demonstrates that application of
the burden to the person is:
1. Essential to further a compelling governmental interest; and
2. The least restrictive means of furthering that compelling
governmental interest.
C. No governmental entity as defined pursuant to Section 252 of
this title shall declare or deem a religious institution and any
activity directly related to the institution’s discharge of its
mission and purpose to be nonessential. No religious institution
shall be subject to a closure or restriction for the purposes of
health or security that is greater than that imposed upon any
private entity facing the same or similar health or security
conditions.
D. It shall be deemed a substantial burden to exclude any
person or entity from participation in or receipt of governmental
funds, benefits, programs, or exemptions based solely on the
religious character or affiliation of the person or entity.
SECTION 2. AMENDATORY 51 O.S. 2021, Section 255, as last
amended by Section 12, Chapter 321, O.S.L. 2022 (51 O.S. Supp. 2022,
Section 255), is amended to read as follows:
Section 255. A. Nothing in this act shall be construed to:
1. Authorize any government entity to substantially burden any
religious belief;
2. Authorize same-sex marriages, unions, or the equivalent
thereof; or
3. Affect, interpret, or in any way address those portions of
Article I, Section 2 and Article II, Section 5 of the Constitution
of the State of Oklahoma, the Oklahoma Religious Freedom Act, or the
First Amendment to the Constitution of the United States that
prohibit laws respecting the establishment of religion.
ENR. S. B. NO. 404
Page 3
B. Granting governmental funds, benefits, or exemptions to the
extent permissible under paragraph 3 of subsection A of this section
shall not constitute a violation of this section. As used in this
subsection, “granting government funds, benefits, or exemptions”
shall not include the denial of government funding, benefits, or
exemptions. This provision does not in and of itself require
vouchers.
C. A civil action brought under Section 5 of this act 1-745.55
of Title 63 of the Oklahoma Statutes shall not be subject to any
provision of the Oklahoma Religious Freedom Act.
SECTION 3. This act shall become effective November 1, 2023.
ENR. S. B. NO. 404
Page 4
Passed the Senate the 7th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 25th day of April, 2023.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________