Text of WY HB 178 (2024)
Religious Freedom Restoration Act.
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As introduced
4,422 characters
2024
STATE OF WYOMING
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HB0178
HOUSE BILL NO. HB0178
Religious Freedom Restoration Act.
Sponsored by: Representative(s) Washut, Allemand, Andrew,
Banks, Burkhart, Crago, Harshman, Lawley,
Newsome and O'Hearn and Senator(s) Biteman,
Boner, Brennan, Kolb, Salazar and Steinmetz
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; authorizing claims and defenses against
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governmental
action
that
burden
religious
freedom;
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providing 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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CHAPTER 25
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RELIGIOUS FREEDOM
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ARTICLE 1
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RELIGIOUS FREEDOM RESTORATION ACT
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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
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intentionally, either directly or indirectly, constrains,
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inhibits, curtails or denies the exercise of religion by
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government action, including any person acting under the
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color of state law where the action is intended for that
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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 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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(iii) "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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(iv) "Person"
means
any
natural
person,
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association,
partnership,
corporation,
religious
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institution or other legal entity;
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(v) "This
act"
means
W.S.
9-25‑101
through
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9-25-105.
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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 shall not:
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(i) Burden a person's right to the exercise of
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religion even if the burden results from a rule of general
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applicability;
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(ii) Burden a person's right to the exercise of
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religion more restrictively than comparable secular conduct
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because of any economic need or benefit;
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(iii) Burden a person's right to the exercise of
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religion more restrictively than any secular conduct of
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reasonably comparable risk.
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(b) Government may substantially burden a person's
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right to the exercise of religion only if it demonstrates
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that application of the burden to that person's exercise of
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religion in that 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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9-25-104. Claims.
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A person whose exercise of religion has been burdened in
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violation of this act shall have a claim in a court of
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competent jurisdiction and may obtain 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, 2024.
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(END)