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90_HB2370
New Act
Creates the Religious Freedom Restoration Act. Provides
that State or local government may not substantially burden a
person's exercise of religion, even if the burden results
from a rule of general applicability, unless it demonstrates
that application of the burden to the person (i) is in
furtherance of a compelling governmental interest and (ii) is
the least restrictive means of furthering that compelling
governmental interest. Provides that if a person's exercise
of religion has been burdened in violation of this Act, that
person may assert that violation as a claim or defense in a
judicial proceeding and may obtain appropriate relief against
a government; authorizes an award of attorney's fees and
costs to a prevailing party.
LRB9006195DJcdC
LRB9006195DJcdC
1 AN ACT concerning religious freedom.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Religious Freedom Restoration Act.
6 Section 5. Definitions. In this Act:
7 "Demonstrates" means meets the burdens of going forward
8 with the evidence and of persuasion.
9 "Exercise of religion" means an act or refusal to act
10 that is substantially motivated by religious belief, whether
11 or not the religious exercise is compulsory or central to a
12 larger system of religious belief.
13 "Government" includes a branch, department, agency,
14 instrumentality, and official (or other person acting under
15 color of law) of the State of Illinois or a political
16 subdivision of the State.
17 Section 10. Findings and purposes.
18 (a) The General Assembly finds the following:
19 (1) The free exercise of religion is an inherent,
20 fundamental, and inalienable right secured by Article I,
21 Section 3 of the Constitution of the State of Illinois.
22 (2) Laws "neutral" toward religion, as well as laws
23 intended to interfere with the exercise of religion, may
24 burden the exercise of religion.
25 (3) Government should not substantially burden the
26 exercise of religion without compelling justification.
27 (4) In Employment Division v. Smith, 494 U.S. 872
28 (1990) the Supreme Court virtually eliminated the
29 requirement that government justify burdens on the
30 exercise of religion imposed by laws neutral toward
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1 religion.
2 (5) In City of Boerne v. P. F. Flores, 65 LW 4612
3 (1997) the Supreme Court held that an Act passed by
4 Congress to address the matter of burdens placed on the
5 exercise of religion infringed on the legislative powers
6 reserved to the states under the Constitution of the
7 United States.
8 (6) The compelling interest test, as set forth in
9 Wisconsin v. Yoder, 406 U.S. 205 (1972), and Sherbert v.
10 Verner, 374 U.S. 398 (1963), is a workable test for
11 striking sensible balances between religious liberty and
12 competing governmental interests.
13 (b) The purposes of this Act are as follows:
14 (1) To restore the compelling interest test as set
15 forth in Wisconsin v. Yoder, 406 U.S. 205 (1972), and
16 Sherbert v. Verner, 374 U.S. 398 (1963), and to guarantee
17 that a test of compelling governmental interest will be
18 imposed on all State and local laws and ordinances in all
19 cases in which the free exercise of religion is
20 substantially burdened.
21 (2) To provide a claim or defense to persons whose
22 exercise of religion is substantially burdened by
23 government.
24 Section 15. Free exercise of religion protected.
25 Government may not substantially burden a person's exercise
26 of religion, even if the burden results from a rule of
27 general applicability, unless it demonstrates that
28 application of the burden to the person (i) is in furtherance
29 of a compelling governmental interest and (ii) is the least
30 restrictive means of furthering that compelling governmental
31 interest.
32 Section 20. Judicial relief. If a person's exercise of
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1 religion has been burdened in violation of this Act, that
2 person may assert that violation as a claim or defense in a
3 judicial proceeding and may obtain appropriate relief against
4 a government. A party who prevails in an action to enforce
5 this Act against a government is entitled to recover
6 attorney's fees and costs incurred in maintaining the claim
7 or defense.
8 Section 25. Application of Act.
9 (a) This Act applies to all State and local laws and
10 ordinances and the implementation of those laws and
11 ordinances, whether statutory or otherwise and whether
12 adopted before or after the effective date of this Act.
13 (b) Nothing in this Act shall be construed to authorize a
14 government to burden any religious belief.
15 (c) Nothing in this Act shall be construed to affect,
16 interpret, or in any way address any of the following: (i)
17 that portion of the First Amendment of the United States
18 Constitution prohibiting laws respecting the establishment of
19 religion, (ii) the second sentence of Article I, Section 3 of
20 the Illinois Constitution, or (iii) Article X, Section 3 of
21 the Illinois Constitution. Granting government funding,
22 benefits, or exemptions, to the extent permissible under the
23 3 constitutional provisions described in items (i), (ii), and
24 (iii) of this subsection, does not constitute a violation of
25 this Act. In this subsection, "granting", used with respect
26 to government funding, benefits, or exemptions, does not
27 include the denial of government funding, benefits, or
28 exemptions.