Specifies the intent of the bill to protect religious practices from neutrally applied action from local governments and HOAs.
Amends GS 41A-4 (Unlawful discriminatory housing practices) making the prohibition on discriminatory housing practices on the basis of race, color, religion, sex, national origin, handicapping condition or family status, applicable to any person to whom the requirements and prohibitions of the State Fair Housing Act apply. Adds new subsection (h), specifying that with respect to the prohibition on making housing unavailable or denying housing under subparagraph (a)(8), it is an unlawful housing practice for a local government or HOA to restrict religious gatherings in a dwelling or burden the practice of religion in the neighborhood where the dwelling is located.
Creates new GS Chapter 99D, Article 2 (The North Carolina Religious Freedom Restoration Act), and provides definitions for the Article. Provides that the free exercise of religion is protected, and state action may not burden religion unless both of the following apply: (1) the action is essential to further a compelling government interest, and (2) the action is the least restrictive means of furthering that interest. Grants a claim or defense in any judicial action for a person whose exercise of religion is burdened, with appropriate judicial relief, damages, and attorneys’ fees. Contains a limitation that nothing in the Article will be construed to address the constitutional prohibition on establishment of religion, and a severability clause.
Directs the Revisor of Statutes to create new GS Chapter 99D, Article 1 (Interference with Civil Rights) containing the existing GS 99D-1, and to make necessary conforming changes.
Amends GS 166A-19.2(b) in the North Carolina Emergency Management Act specifying that a religious institution may be required to comply with broadly applicable emergency requirements if they do not impose a substantial burden on religious services or if the State demonstrates both of the following: (1) the burden is necessary to further a compelling government interest, and (2) the burden is the least restrictive means of furthering that interest. Provides that when asserting a violation, the new GS 99D-23 (Free Exercise of Religion) prevails over the relevant provisions of the Emergency Management Act.
Contains a severability clause.
Statutes affected: Filed: 41A-4, 166A-19.2
Edition 1: 41A-4, 166A-19.2