HB 1228 - Prohibits the State from Burdening the Exercise of Religion - Arkansas Key Vote

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NOTE: THIS IS A VOTE TO CONCUR WITH ONE SINGLE AMENDMENT THAT WAS ADOPTED BY THE PREVIOUS CHAMBER.

NOTE: THIS IS A VOTE TO CONCUR WITH ONE SINGLE AMENDMENT THAT WAS ADOPTED BY THE PREVIOUS CHAMBER.

NOTE: THIS IS A VOTE TO CONCUR WITH ONE SINGLE AMENDMENT THAT WAS ADOPTED BY THE PREVIOUS CHAMBER.

See How Your Politicians Voted

Title: Prohibits the State from Burdening the Exercise of Religion

Vote Smart's Synopsis:

Vote to pass a bill that prohibits a state action from substantially burdening a person's exercise of religion, effective immediately.

Highlights:

  • Prohibits any state action from “substantially burdening” a “person’s” exercise of religion, unless the following criteria are met (Sec. 1):
    • The action is essential to further a “compelling governmental interest”; and
    • The action uses the least restrictive means to further the interest.
  • Defines “substantial burden” as preventing, inhibiting, or curtailing a religiously-motivated practice that is consistent with a sincerely held religious belief (Sec. 1).
  • Specifies that a “substantial burden” includes an indirect burden, such as withholding benefits, assessing penalties, or excluding a person from programs or access to facilities (Sec. 1).
  • Defines “person” as an individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity (Sec. 1).
  • Defines “compelling governmental interest” as a governmental interest of the “highest magnitude” that cannot be achieved without burdening the exercise of religion (Sec. 1).
  • Authorizes a person to take legal action against the state if their exercise of religion has been substantially burdened by state action in violation of the provisions of this bill (Sec. 1).
  • Exempts the Department of Correction, Department of Community Correction, county jails, and detention facilities from the provisions of this bill (Sec. 1).

See How Your Politicians Voted

Title: Prohibits the State from Burdening the Exercise of Religion

Vote Smart's Synopsis:

Vote to pass a bill that prohibits a state action from substantially burdening a person's exercise of religion, effective immediately.

Highlights:

  • Prohibits any state action from “substantially burdening” a “person’s” exercise of religion, unless the following criteria are met (Sec. 1):
    • The action is essential to further a “compelling governmental interest”; and
    • The action uses the least restrictive means to further the interest.
  • Defines “substantial burden” as preventing, inhibiting, or curtailing a religiously-motivated practice that is consistent with a sincerely held religious belief (Sec. 1).
  • Specifies that a “substantial burden” includes an indirect burden, such as withholding benefits, assessing penalties, or excluding a person from programs or access to facilities (Sec. 1).
  • Defines “person” as an individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity (Sec. 1).
  • Defines “compelling governmental interest” as a governmental interest of the “highest magnitude” that cannot be achieved without burdening the exercise of religion (Sec. 1).
  • Authorizes a person to take legal action against the state if their exercise of religion has been substantially burdened by state action in violation of the provisions of this bill (Sec. 1).
  • Exempts the Department of Correction, Department of Community Correction, county jails, and detention facilities from the provisions of this bill (Sec. 1).

Title: Prohibits the State from Burdening the Exercise of Religion

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