The proposed legislation, known as the Conscience Protection Act, aims to amend the existing Religious Freedom Restoration Act in Arkansas. Key provisions include a redefinition of terms such as "compelling governmental interest" and "exercise of religion," emphasizing the protection of religious practices and beliefs. The bill stipulates that the government cannot substantially burden an individual's exercise of religion unless it can demonstrate that such a burden is essential to furthering a compelling governmental interest and is the least restrictive means of achieving that interest. Additionally, individuals whose religious exercise is burdened may assert claims in judicial or administrative proceedings, seeking various forms of relief, including compensatory damages and attorney's fees.

Furthermore, the bill introduces a new subchapter focused on religious nondiscrimination, prohibiting state government from taking discriminatory actions against religious organizations based on their religious identity or conduct. It establishes that any such actions must also meet the criteria of being essential to a compelling governmental interest and the least restrictive means of achieving that interest. The legislation aims to provide broad protections for the free exercise of religious beliefs, ensuring that individuals and organizations are not discriminated against based on their religious practices.

Statutes affected:
Old version HB1615 Original - 3-13-2023 04:45 PM: 16-123-403, 16-123-404, 16-123-406
Old version HB1615 V2 - 3-28-2023 10:41 AM: 16-123-403, 03-28-2023, 16-123-404, 16-123-406
HB 1615: 16-123-403, 03-28-2023, 16-123-404, 16-123-406
Act 733: 16-123-403, 03-28-2023, 16-123-404, 16-123-406