Hawaii Freedom of Religion Bill (HB 1160)

HB 1160 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 amendment states that a person whose right to exercise religion has been burdened in violation of the amendment may assert that violation as a claim or defense in a judicial, administrative, or other proceeding and obtain appropriate relief against a government.

The amendment does not allow religious freedom to be raised as a defense in lawsuits between private citizens and therefore tracks the federal RFRA.

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