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1 Findings and Purpose.
I. The framers of the United States Constitution and the people of this state, recognizing free exercise of religion as an inalienable right, secured its protection in the First Amendment to the United States Constitution and in part 1, articles 4 and 5 of the constitution of this state, respectively.
II. In City of Boerne v. Flores, 521 U.S. 507 (1997), the United States Supreme Court held that the compelling interest test provided for in the federal Religious Freedom Restoration Act, to protect the inalienable constitutional right of free exercise of religion, must be adopted by a state through legislative act or court decision in order to apply to state or local government action.
III. The general court intends that this act adopts the same compelling interest test that was provided for in the federal Religious Freedom Restoration Act in a manner that applies it to the actions of state and local governments in New Hampshire.
2 New Chapter; Religious Freedom Restoration Act. Amend RSA by inserting after chapter 354-B the following new chapter:
CHAPTER 354-C
RELIGIOUS FREEDOM RESTORATION ACT
354-C:1 Definitions. As used in this chapter:
I. "Demonstrates" shall mean meeting the burdens of going forward with the evidence and of persuasion.
II. "Exercise of religion" shall mean any exercise of religion, whether or not compelled by, or central to, a system of religious belief, including, but not limited to, the practice or observance of religion under part 1, articles 4 and 5 of the New Hampshire constitution or the Free Exercise Clause of the First Amendment to the Constitution of the United States.
III. "Government" shall mean any branch, department, agency, instrumentality, and official, or other person acting under color of law of this state, or any political subdivision of this state.
354-C:2 Protection of the Free Exercise of Religion.
I. The government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in paragraph II of section.
II. The government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person is:
(a) In furtherance of a compelling governmental interest; and
(b) The least restrictive means of furthering such compelling governmental interest.
354-C:3 Remedies.
I. A person whose religious exercise has been burdened in violation of this chapter may assert the violation as a claim or defense in a judicial proceeding and obtain appropriate relief against the government.
II. In any action or proceeding to enforce a provision of this chapter, the court may allow the prevailing party, other than government, a reasonable attorneys' fee as part of costs; provided, however, that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, such officer shall not be held liable for any costs, including attorneys' fees, unless such action was clearly in excess of such officer's jurisdiction.
354-C:4 Construction. Nothing in this chapter shall be construed to affect, interpret, or in any way address that portion of the First Amendment of the Constitution of the United States prohibiting laws respecting the establishment of religion, referred to in this section as the "Establishment Clause." Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this chapter. As used in this section, the term "granting," used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.
3 Effective Date. This act shall take effect 60 days after its passage.
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1 Findings and Purpose.
I. The framers of the United States Constitution and the people of this state, recognizing free exercise of religion as an inalienable right, secured its protection in the First Amendment to the United States Constitution and in part 1, articles 4 and 5 of the constitution of this state, respectively.
II. In City of Boerne v. Flores, 521 U.S. 507 (1997), the United States Supreme Court held that the compelling interest test provided for in the federal Religious Freedom Restoration Act, to protect the inalienable constitutional right of free exercise of religion, must be adopted by a state through legislative act or court decision in order to apply to state or local government action.
III. The general court intends that this act adopts the same compelling interest test that was provided for in the federal Religious Freedom Restoration Act in a manner that applies it to the actions of state and local governments in New Hampshire.
2 New Chapter; Religious Freedom Restoration Act. Amend RSA by inserting after chapter 354-B the following new chapter:
CHAPTER 354-C
RELIGIOUS FREEDOM RESTORATION ACT
354-C:1 Definitions. As used in this chapter:
I. "Demonstrates" shall mean meeting the burdens of going forward with the evidence and of persuasion.
II. "Exercise of religion" shall mean any exercise of religion, whether or not compelled by, or central to, a system of religious belief, including, but not limited to, the practice or observance of religion under part 1, articles 4 and 5 of the New Hampshire constitution or the Free Exercise Clause of the First Amendment to the Constitution of the United States.
III. "Government" shall mean any branch, department, agency, instrumentality, and official, or other person acting under color of law of this state, or any political subdivision of this state.
354-C:2 Protection of the Free Exercise of Religion.
I. The government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in paragraph II of section.
II. The government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person is:
(a) In furtherance of a compelling governmental interest; and
(b) The least restrictive means of furthering such compelling governmental interest.
354-C:3 Remedies.
I. A person whose religious exercise has been burdened in violation of this chapter may assert the violation as a claim or defense in a judicial proceeding and obtain appropriate relief against the government.
II. In any action or proceeding to enforce a provision of this chapter, the court may allow the prevailing party, other than government, a reasonable attorneys' fee as part of costs; provided, however, that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, such officer shall not be held liable for any costs, including attorneys' fees, unless such action was clearly in excess of such officer's jurisdiction.
354-C:4 Construction. Nothing in this chapter shall be construed to affect, interpret, or in any way address that portion of the First Amendment of the Constitution of the United States prohibiting laws respecting the establishment of religion, referred to in this section as the "Establishment Clause." Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this chapter. As used in this section, the term "granting," used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.
3 Effective Date. This act shall take effect 60 days after its passage.