Hawaii Bill Relating to Religious Rights (HB 823)

HB 823 would prohibit the state from burdening any person’s right to exercise religion unless the burden results from a law or rule of general applicability and the burden to the person’s exercise of religion is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.

The bill states that a person whose exercise of religion has been burdened in violation of the law may assert that violation as a claim or defense in a judicial proceeding, regardless of whether the State or a county is a party to the proceeding.

The bill allows religious freedom to be raised as a defense in lawsuits between private citizens and therefore does not track the federal RFRA.

Related Legislation

Similar to HB 1160, which failed to pass in 2015.

People