Citations Affected:
IC 34-13-7.
Synopsis: Religious freedom restoration act. Allows the state, a
political subdivision, or another governmental entity to substantially
burden a person's exercise of religion only if the governmental entity
can demonstrate that the application of the burden to the person is
essential to further a compelling governmental interest and is the least
restrictive means of imposing the burden. Allows a person with
standing in an administrative or a judicial proceeding to assert as a
claim or defense that a governmental entity has unlawfully burdened
the exercise of religion in violation of this law. Allows reasonable costs
and attorney's fees to a person who prevails in asserting the claim or
defense. Allows a court, upon finding that a person has filed a frivolous
or fraudulent claim under this law, to enjoin the person from filing
further claims under the law without leave of court.
Effective: July 1, 2002.
January 15, 2002, read first time and referred to Committee on Rules and Legislative
Procedures.
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
exercise of religion under any of the following:
(1) First Amendment to the Constitution of the United States.
(2) Constitution of the State of Indiana, Article 1, Section 2.
(3) Constitution of the State of Indiana, Article 1, Section 3.
(4) Constitution of the State of Indiana, Article 1, Section 4.
(5) Constitution of the State of Indiana, Article 1, Section 5.
(6) Constitution of the State of Indiana, Article 1, Section 6.
(7) Constitution of the State of Indiana, Article 1, Section 7.
Sec. 4. As used in this chapter, "fraudulent claim" means a
claim that is dishonest in fact or that is made principally for a
patently improper purpose, such as to harass an opposing party.
Sec. 5. As used in this chapter, "frivolous claim" means a claim
that completely lacks merit under existing law and cannot be
supported by a good faith argument for the extension,
modification, or reversal of existing law or the establishment of a
new law.
Sec. 6. As used in this chapter, "governmental entity" means
any of the following:
(1) Any branch, department, agency, or instrumentality of
state government.
(2) Any official or other person acting under color of state
law.
(3) A political subdivision (as defined in
IC 36-1-2-13
).
Sec. 7. As used in this chapter, "granting", with respect to
governmental funding, benefits, or exemptions, does not include the
denial of governmental funding, benefits, or exemptions.
Sec. 8. As used in this chapter, "prevails" means to obtain
prevailing party status, as defined by the courts construing the
federal Civil Rights Attorney's Fees Awards Act of 1976 (42 U.S.C.
1988).
Sec. 9. As used in this chapter, "substantially burden" means to
inhibit or curtail religiously motivated practice.
Sec. 10. (a) Except as provided in subsection (b), no
governmental entity shall substantially burden a person's exercise
of religion even if the burden results from a rule of general
applicability.
(b) A governmental entity shall not substantially burden a
person's free exercise of religion unless the governmental entity
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 the compelling
governmental interest.
Sec. 11. (a) A person whose exercise of religion has been
burdened in violation of section 10 of this chapter may assert the
violation as a claim or defense in any judicial or administrative
proceeding.
(b) The person asserting a claim or defense against a
governmental entity under subsection (a) may obtain such
declaratory relief or monetary damages, or both, as may properly
be awarded by the court or administrative body in which the claim
or defense is asserted.
(c) This subsection does not apply to criminal proceedings. A
person who prevails in a claim or defense asserted against a
governmental entity under subsection (a) may recover the person's
reasonable costs and attorney's fees.
(d) Standing to assert a claim or defense under subsection (a)
shall be governed by the general rules of standing applicable to
other claims and defenses that may be asserted in the judicial or
administrative proceeding in which the claim or defense is
asserted.
Sec. 12. A person found by a court with jurisdiction in a
proceeding to have abused the protections of sections 10 and 11 of
this chapter by filing a frivolous claim or fraudulent claim in the
proceeding may:
(1) be assessed the governmental entity's court costs, if any;
and
(2) be enjoined from filing further claims under this chapter
without leave of court.