Kansas Preservation of Religious Freedom Act (HB 2203)

HB 2203 (Kan. Stat. §60-5301, et seq.) provides that a government shall not substantially burden a person’s civil right to exercise of religion even if the burden results from a rule of general applicability, unless such government demonstrates, by clear and convincing evidence, that application of the burden to the person:

• Is in furtherance of 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, or is substantially likely to be burdened, in violation of this act, may assert such violation as a claim or defense in a judicial proceeding.

The bill does not specify that a claim or defense in a judicial proceeding must be against the government, which would potentially allow for private citizens to file suit against other private citizens. Therefore, this RFRA does not track the federal RFRA.

People