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Culture & Conversation Abortion
This law was last updated on Feb 19, 2019
This law is Anti–LGBTQ
HF 258
Proposed
Feb 6, 2019
Primary Sponsors: 17
Total Sponsors: 17
HF 258 would prohibit a government entity from substantially burdening a person’s exercise of religion even if the burden results from a law of general applicability.
The bill states that a government entity shall not substantially burden a person’s exercise of religion unless the government entity demonstrates that application of the burden to the person is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.
A person whose exercise of religion has been burdened by a government entity in violation of this provision may assert that violation as a claim or defense in any judicial or administrative proceeding and may obtain such declaratory relief or monetary damages as may properly be awarded by a court of competent jurisdiction.
The bill does not apply to the department of corrections, a district department of correctional services, a county jail, or other detention facility.
The law allows religious freedom to be raised as a defense in lawsuits between private citizens and therefore does not track the federal RFRA.
Related Legislation
Companion bill to SF 240.
Identical to HF 2209, SF 2154 and HF 2209; all of which failed to pass in 2018.
Similar to HF 2032, HF 2200, and SF 2171, all of which failed to pass in 2016.
Latest Action
2/6/19 – Introduced.