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STATE OF WYOMING
HOUSE BILL NO. HB0262
Wyoming Religious Freedom Restoration Act.
Sponsored by: Representative(s) Washut, Burkhart, Crago,
Harshman and Olsen and Senator(s) Biteman,
Hutchings, Kolb and Salazar
A BILL
for
1 AN ACT relating to religious freedom; creating the
2 Religious Freedom Restoration Act; providing definitions;
3 limiting specified governmental actions that burden
4 religious freedom as specified; authorizing claims and
5 defenses against governmental action that burden religious
6 freedom as specified; providing exceptions; and providing
7 for an effective date.
8
9 Be It Enacted by the Legislature of the State of Wyoming:
10
11 Section 1. W.S. 9-25-101 through 9-25-105 are created
12 to read:
13
14 CHAPTER 25
15 RELIGIOUS FREEDOM
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1
2 ARTICLE 1
3 RELIGIOUS FREEDOM RESTORATION ACT
4
5 9-25-101. Religious Freedom Restoration Act; short
6 title.
7
8 This act shall be known and may be cited as the "Wyoming
9 Religious Freedom Restoration Act."
10
11 9-25-102. Definitions.
12
13 (a) As used in this act:
14
15 (i) "Burden" means any action that intentionally
16 either directly or indirectly constrains, inhibits,
17 curtails or denies the exercise of religion by government
18 action, including any person acting under the color of
19 state law where the action is intended for that purpose,
20 including, but not limited to:
21
22 (A) Withholding of benefits;
23
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1 (B) Assessing criminal, civil or
2 administrative penalties;
3
4 (C) Exclusion from governmental programs;
5 or
6
7 (D) Denial of access to governmental
8 facilities.
9
10 (ii) "Exercise of religion" means the practice
11 or observance of religion, including an act or refusal to
12 act, that is substantially motivated by a sincerely held
13 religious belief, whether or not compelled by or central to
14 a system of religious belief;
15
16 (iii) "Government" means any department, agency,
17 division, board, bureau, commission, council, authority,
18 employee, official or other entity of this state or a
19 political subdivision of this state, or a person acting
20 under color of state law;
21
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1 (iv) "Person" means any natural person,
2 association, partnership, corporation, religious
3 institution or other legal entity;
4
5 (v) "This act" means W.S. 9-25‑201 through
6 9-25-205.
7
8 9-25-103. Limitation on government action; exception.
9
10 (a) Except as provided in subsection (b) of this
11 section, government action, including action by any person
12 acting under color of state law, shall not:
13
14 (i) Burden a person's right to the exercise of
15 religion even if the burden results from a rule of general
16 applicability;
17
18 (ii) Burden a person's right to the exercise of
19 religion more restrictively than comparable secular conduct
20 because of any economic need or benefit;
21
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1 (iii) Burden a person's right to the exercise of
2 religion more restrictively than any secular conduct of
3 reasonably comparable risk.
4
5 (b) Government may substantially burden a person's
6 right to the exercise of religion only if it demonstrates
7 that application of the burden to that person's exercise of
8 religion in that particular instance is:
9
10 (i) Essential to further a compelling government
11 interest; and
12
13 (ii) The least restrictive means of furthering
14 that compelling governmental interest.
15
16 9-25-104. Claims.
17
18 A person whose exercise of religion has been burdened in
19 violation of this act may have a claim in a court of
20 competent jurisdiction and may obtain appropriate relief.
21
22 9-25-105. Provisions to be liberally construed.
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1 Nothing in this act shall be construed to authorize acts of
2 licentiousness or practices inconsistent with the peace or
3 safety of the state or its laws which protect the health
4 and safety of the public.
5
6 Section 2. This act is effective July 1, 2023.
7
8 (END)
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