Text of WY HB 207 (2025)

2025 STATE OF WYOMING 25LSO-0267 1 HB0207 HOUSE BILL NO. HB0207 Religious Freedom Restoration Act. Sponsored by: Representative(s) Washut, Banks, Heiner, Lawley, Locke, Neiman, Rodriguez-Williams and Williams and Senator(s) Crago, Hutchings, Kolb, Laursen, D, Salazar and Smith, D A BILL for 1 AN ACT relating to religious freedom; creating the 2 Religious Freedom Restoration Act; providing definitions; 3 limiting specified governmental actions that burden 4 religious freedom; authorizing claims and defenses against 5 governmental action that burden religious freedom; 6 providing exceptions; and providing for an effective date. 7 8 Be It Enacted by the Legislature of the State of Wyoming: 9 10 Section 1. W.S. 1-39-124 and 9-25-101 through 11 9-25-104 are created to read: 12 13 1-39-124. Liability; religious freedom. 14 2025 STATE OF WYOMING 25LSO-0267 2 HB0207 1 A governmental entity is liable for damages resulting from 2 a violation of W.S. 9-25-103 pursuant to W.S. 9-25-104. 3 4 CHAPTER 25 5 RELIGIOUS FREEDOM 6 7 ARTICLE 1 8 RELIGIOUS FREEDOM RESTORATION ACT 9 10 9-25-101. Religious Freedom Restoration Act; short 11 title. 12 13 This act shall be known and may be cited as the "Wyoming 14 Religious Freedom Restoration Act." 15 16 9-25-102. Definitions. 17 18 (a) As used in this act: 19 20 (i) "Burden" means any action that, either 21 directly or indirectly, constrains, inhibits, curtails or 22 denies the exercise of religion including, but not limited 23 to: 2025 STATE OF WYOMING 25LSO-0267 3 HB0207 1 2 (A) Withholding of benefits; 3 4 (B) Assessing criminal, civil or 5 administrative penalties; 6 7 (C) Exclusion from governmental programs; 8 or 9 10 (D) Denial of access to governmental 11 facilities. 12 13 (ii) "Compelling governmental interest" means a 14 governmental interest of the highest order that cannot 15 otherwise be achieved without burdening the exercise of 16 religion; 17 18 (iii) "Exercise of religion" means the practice 19 or observance of religion, including an act or refusal to 20 act, that is substantially motivated by a sincerely held 21 religious belief, whether or not compelled by or central to 22 a system of religious belief; 23 2025 STATE OF WYOMING 25LSO-0267 4 HB0207 1 (iv) "Person" means any natural person, 2 association, partnership, corporation, religious 3 institution or other legal entity; 4 5 (v) "State action" means the implementation or 6 application of any law, including but not limited to state 7 and local laws, ordinances, rules, regulations and 8 policies, whether statutory or otherwise, or action by the 9 state or a political subdivision, local government, 10 municipality, instrumentality or public official authorized 11 by law in the state of Wyoming; 12 13 (vi) "This act" means W.S. 9-25‑101 through 14 9-25-104. 15 16 9-25-103. Limitation on state action; exception. 17 18 (a) State action shall not burden a person's right to 19 the exercise of religion, even if the burden results from a 20 rule of general applicability, unless it is demonstrated 21 that applying the burden to that person's exercise of 22 religion in that particular instance is: 23 2025 STATE OF WYOMING 25LSO-0267 5 HB0207 1 (i) Essential to further a compelling 2 governmental interest; and 3 4 (ii) The least restrictive means of furthering 5 that compelling governmental interest. 6 7 (b) This act shall apply to all state and local laws, 8 ordinances, rules, regulations and policies, and their 9 implementation, whether statutory or otherwise and whether 10 adopted before, on or after the effective date of this act. 11 12 9-25-104. Claims. 13 14 A person whose exercise of religion has been burdened or is 15 likely to be burdened in violation of this act may assert 16 the violation or impending violation as a claim or defense 17 in a judicial or administrative proceeding, regardless of 18 whether the state or one (1) of its political subdivisions 19 is a party to the proceeding. The person asserting the 20 claim or defense may obtain appropriate relief, including 21 relief against the state or its political subdivisions. 22 Appropriate relief includes, but is not limited to, 2025 STATE OF WYOMING 25LSO-0267 6 HB0207 1 injunctive relief, declaratory relief, compensatory 2 damages, costs and attorney fees. 3 4 Section 2. This act is effective July 1, 2025. 5 6 (END)

ORIGINAL HOUSE ENGROSSED BILL NO. HB0207 ENROLLED ACT NO. 66, HOUSE OF REPRESENTATIVES SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING 2025 GENERAL SESSION 1 AN ACT relating to religious freedom; creating the Religious Freedom Restoration Act; providing definitions; limiting specified governmental actions that burden religious freedom; authorizing claims and defenses against governmental action that burden religious freedom; providing exceptions; and providing for an effective date. Be It Enacted by the Legislature of the State of Wyoming: Section 1. W.S. 9-25-101 through 9-25-104 are created to read: CHAPTER 25 RELIGIOUS FREEDOM ARTICLE 1 RELIGIOUS FREEDOM RESTORATION ACT 9-25-101. Religious Freedom Restoration Act; short title. This act shall be known and may be cited as the "Wyoming Religious Freedom Restoration Act." 9-25-102. Definitions. (a) As used in this act: (i) "Burden" means any action that, either directly or indirectly, constrains, inhibits, curtails or denies the exercise of religion including, but not limited to: (A) Withholding of benefits; ORIGINAL HOUSE ENGROSSED BILL NO. HB0207 ENROLLED ACT NO. 66, HOUSE OF REPRESENTATIVES SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING 2025 GENERAL SESSION 2 (B) Assessing criminal, civil or administrative penalties; (C) Exclusion from governmental programs; or (D) Denial of access to governmental facilities. (ii) "Compelling governmental interest" means a governmental interest of the highest order that cannot otherwise be achieved without burdening the exercise of religion; (iii) "Exercise of religion" means the practice or observance of religion, including an act or refusal to act, that is substantially motivated by a sincerely held religious belief, whether or not compelled by or central to a system of religious belief; (iv) "Person" means any natural person, association, partnership, corporation, religious institution or other legal entity; (v) "State action" means the implementation or application of any law, including but not limited to state and local laws, ordinances, rules, regulations and policies, whether statutory or otherwise, or action by the state or a political subdivision, local government, municipality, instrumentality or public official authorized by law in the state of Wyoming; (vi) "This act" means W.S. 9-25‑101 through 9-25-104. ORIGINAL HOUSE ENGROSSED BILL NO. HB0207 ENROLLED ACT NO. 66, HOUSE OF REPRESENTATIVES SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING 2025 GENERAL SESSION 3 9-25-103. Limitation on state action; exception. (a) State action shall not substantially burden a person's right to the exercise of religion, even if the burden results from a rule of general applicability, unless it is demonstrated that applying the burden to that person's exercise of religion in that particular instance is: (i) Essential to further a compelling governmental interest; and (ii) The least restrictive means of furthering that compelling governmental interest. (b) This act shall apply to all state and local laws, ordinances, rules, regulations and policies, and their implementation, whether statutory or otherwise and whether adopted before, on or after the effective date of this act. 9-25-104. Claims. A person whose exercise of religion has been substantially burdened or is likely to be substantially burdened in violation of this act may assert the violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the state or one (1) of its political subdivisions is a party to the proceeding. The person asserting the claim or defense may obtain appropriate relief, including injunctive relief and declaratory relief. ORIGINAL HOUSE ENGROSSED BILL NO. HB0207 ENROLLED ACT NO. 66, HOUSE OF REPRESENTATIVES SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING 2025 GENERAL SESSION 4 Section 2. This act is effective July 1, 2025. (END) Speaker of the House President of the Senate Governor TIME APPROVED: _________ DATE APPROVED: _________ I hereby certify that this act originated in the House. Chief Clerk