Text of WY HB 154 (2022)
Religious Freedom Restoration Act.
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As introduced
4,592 characters
2022
STATE OF WYOMING
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HB0154
HOUSE BILL NO. HB0154
Religious Freedom Restoration Act.
Sponsored
by:
Representative(s)
Romero-Martinez
and
Senator(s) Hutchings
A BILL
for
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AN
ACT
relating
to
religious
freedom;
creating
the
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Religious Freedom Restoration Act; providing definitions;
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limiting
specified
governmental
actions
that
burden
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religious freedom or acts of moral conscience as specified;
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authorizing claims and defenses against governmental action
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that burden religious freedom as specified; providing
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exceptions; and providing for an effective date.
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Be It Enacted by the Legislature of the State of Wyoming:
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Section 1. W.S. 9-25-101 through 9-25-105 are created
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to read:
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ARTICLE 2
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RELIGIOUS FREEDOM RESTORATION ACT
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HB0154
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9-25-101. Religious Freedom Restoration Act; short
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title.
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This act shall be known and may be cited as the "Wyoming
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Religious Freedom Restoration Act."
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9-25-102. Definitions.
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(a) As used in this act:
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(i) "Burden" means any action that intentionally
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either
directly
or
indirectly
constrains,
inhibits,
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curtails or denies the exercise of religion or moral
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conscience by any person where the action is intended for
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that purpose, including, but not limited to:
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(A) Withholding of benefits;
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(B) Assessing
criminal,
civil
or
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administrative penalties;
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(C) Exclusion from governmental programs;
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or
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(D) Denial
of
access
to
governmental
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facilities.
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(ii) "Exercise of moral conscience" means an
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individual
exercise
of
judgment
whereby
the
person
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recognizes the moral or ethical quality of an act and is
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compelled to:
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(A) Perform the act because it is an act of
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good will or faith; or
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(B) Avoid performing the act because the
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person believes the act to be evil or wrong.
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(iii) "Exercise of religion" means the practice
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or observance of religion, including an act or refusal to
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act, that is substantially motivated by a sincerely held
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religious belief, whether or not compelled by or central to
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a system of religious belief;
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(iv) "Government" means any department, agency,
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division, board, bureau, commission, council, authority,
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employee, official or other entity of this state or a
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political subdivision of this state, or a person acting
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under color of state law;
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(v) "This
act"
means
W.S.
9-25‑201
through
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9-25-205.
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9-25-103. Limitation on government action; exception.
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(a) Except as provided in subsection (b) of this
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section, government action, including action by anyone
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acting under color of state law, shall not unnecessarily
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burden a person's right to the exercise of religion or
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moral conscience.
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(b) Government may substantially burden a person's
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right to the exercise of religion or moral conscience only
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if it demonstrates that application of the burden to that
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person's exercise of religion or moral conscience in that
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particular instance is:
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(i) Essential to further a compelling government
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interest; and
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(ii) The least restrictive means of furthering
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that compelling governmental interest.
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(c) Nothing in this act shall be construed to
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authorize a government employee or official from refusing
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to perform any of the duties or responsibilities which are
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required of that person's position or office, regardless of
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the person's religious or moral objections.
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9-25-104. Claims and defenses.
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A person whose exercise of religion or moral conscience has
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been burdened in violation of this act may have a claim in
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a
court
of
competent
jurisdiction
and
may
obtain
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appropriate relief.
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9-25-105. Provisions to be liberally construed.
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Nothing in this act shall be construed to authorize acts of
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licentiousness or practices inconsistent with the peace or
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safety of the state or its laws which protect the health
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and safety of the public.
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Section 2. This act is effective July 1, 2022.
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(END)