2024 24LSO-0369
STATE OF WYOMING
HOUSE BILL NO. HB0178
Religious Freedom Restoration Act.
Sponsored by: Representative(s) Washut, Allemand, Andrew,
Banks, Burkhart, Crago, Harshman, Lawley,
Newsome and O'Hearn and Senator(s) Biteman,
Boner, Brennan, Kolb, Salazar and Steinmetz
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; authorizing claims and defenses against
5 governmental action that burden religious freedom;
6 providing exceptions; and providing for an effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 9-25-101 through 9-25-105 are created
11 to read:
12
13 CHAPTER 25
14 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
16 intentionally, either directly or indirectly, constrains,
17 inhibits, curtails or denies the exercise of religion by
18 government action, including any person acting under the
19 color of state law where the action is intended for that
20 purpose, 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. 9-25‑101 through
6 9-25-105.
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 shall not:
12
13 (i) Burden a person's right to the exercise of
14 religion even if the burden results from a rule of general
15 applicability;
16
17 (ii) Burden a person's right to the exercise of
18 religion more restrictively than comparable secular conduct
19 because of any economic need or benefit;
20
21 (iii) Burden a person's right to the exercise of
22 religion more restrictively than any secular conduct of
23 reasonably comparable risk.
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1
2 (b) Government may substantially burden a person's
3 right to the exercise of religion only if it demonstrates
4 that application of the burden to that person's exercise of
5 religion in that particular instance is:
6
7 (i) Essential to further a compelling government
8 interest; and
9
10 (ii) The least restrictive means of furthering
11 that compelling governmental interest.
12
13 9-25-104. Claims.
14
15 A person whose exercise of religion has been burdened in
16 violation of this act shall have a claim in a court of
17 competent jurisdiction and may obtain appropriate relief.
18
19 9-25-105. Provisions to be liberally construed.
20
21 Nothing in this act shall be construed to authorize acts of
22 licentiousness or practices inconsistent with the peace or
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1 safety of the state or its laws which protect the health
2 and safety of the public.
3
4 Section 2. This act is effective July 1, 2024.
5
6 (END)
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