Text of WY HB 264 (2021)
Religious freedom restoration act.
Legislative text is a public record. Where LegiScan supplied it, the CC BY 4.0 credit applies.
Source: LegiScan. Bill data and text from LegiScan (legiscan.com), licensed CC BY 4.0 and used in modified form. LegiScan does not endorse the Trans Data Initiative. License: CC BY 4.0(opens another site). Source page(opens another site)
As introduced
4,825 characters
2021
STATE OF WYOMING
21LSO-0577
1
HB0264
HOUSE BILL NO. HB0264
Religious freedom restoration act.
Sponsored
by:
Representative(s)
Romero-Martinez,
Bear,
Blackburn,
Burt,
Eklund,
Haroldson,
Jennings, Knapp, Ottman, Rodriguez-Williams
and Washut
A BILL
for
1
AN ACT relating to religious freedom; creating a Religious
2
Freedom Restoration Act; providing definitions; limiting
3
specified
governmental
actions
that
burden
religious
4
freedom
or
acts
of
moral
conscience
as
specified;
5
authorizing claims and defenses against governmental action
6
that burden religious freedom as specified; providing for
7
severability of the act; and providing for an effective
8
date.
9
10
Be It Enacted by the Legislature of the State of Wyoming:
11
12
Section 1. W.S. 9-22-101 through 9-22-105 are created
13
to read:
14
2021
STATE OF WYOMING
21LSO-0577
2
HB0264
1
ARTICLE 2
2
RELIGIOUS FREEDOM RESTORATION ACT
3
4
9-22-101. Religious Freedom Restoration Act; short
5
title.
6
7
This act shall be known and may be cited as the "Wyoming
8
Religious Freedom Restoration Act."
9
10
9-22-102. Definitions.
11
12
(a) As used in this act:
13
14
(i) "Burden" means any action that intentionally
15
either
directly
or
indirectly
constrains,
inhibits,
16
curtails or denies the exercise of religion or moral
17
conscience by any person including, but not limited to:
18
19
(A) Withholding of benefits;
20
21
(B) Assessing
criminal,
civil
or
22
administrative penalties;
23
2021
STATE OF WYOMING
21LSO-0577
3
HB0264
1
(C) Exclusion from governmental programs;
2
or
3
4
(D) Denial
of
access
to
governmental
5
facilities.
6
7
(ii) "Exercise of moral conscience" means an
8
individual
exercise
of
judgment
whereby
the
person
9
recognizes the moral or ethical quality of an act and is
10
compelled to:
11
12
(A) Perform the act because it is an act of
13
good will or faith; or
14
15
(B) Avoid performing the act because the
16
person believes the act to be evil or wrong.
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
2021
STATE OF WYOMING
21LSO-0577
4
HB0264
1
(iv) "Government" means any department, agency,
2
division, board, bureau, commission, council, authority,
3
employee, official or other entity of this state or a
4
political subdivision of this state, or a person acting
5
under color of state law;
6
7
(v) "This
act"
means
W.S.
1‑35‑201
through
8
1‑35‑205.
9
10
9-22-103. Limitation on government action; exception.
11
12
(a) Except as provided in subsection (b) of this
13
section, government action, including action by anyone
14
acting under color of state law, shall not unnecessarily
15
burden a person's right to the exercise of religion or
16
moral conscience, even if the burden results from a rule of
17
general applicability.
18
19
(b) Government may substantially burden a person's
20
exercise of religion or moral conscience only if it
21
demonstrates that application of the burden to that
22
person's exercise of religion or moral conscience in that
23
particular instance is:
2021
STATE OF WYOMING
21LSO-0577
5
HB0264
1
2
(i) Essential to further a compelling government
3
interest; and
4
5
(ii) The least restrictive means of furthering
6
that compelling governmental interest.
7
8
(c) Nothing in this act shall be construed to
9
authorize a government employee or official from refusing
10
to perform any of the duties or responsibilities which are
11
required of that person's position or office, regardless of
12
the person's religious or moral objections.
13
14
9-22-104. Claims and defenses.
15
16
A person whose exercise of religion or moral conscience has
17
been burdened in violation of this act may assert that
18
violation as a claim or defense in any judicial or
19
administrative proceeding and obtain appropriate relief,
20
including equitable relief, against the government or
21
person acting under color of state law.
22
23
9-22-105. Provisions to be liberally construed.
2021
STATE OF WYOMING
21LSO-0577
6
HB0264
1
2
Nothing in this act shall be construed to authorize acts of
3
licentiousness or practices inconsistent with the peace or
4
safety of the state or its laws which protect the health
5
and safety of the public.
6
7
Section 2. This act is effective July 1, 2021.
8
9
(END)