Louisiana Preservation of Religious Freedom Act (SB 606)

SB 606 prohibits the government from substantially burdening a person’s exercise of religion, even if the burden results from a facially neutral rule or a rule of general applicability, unless it is in  furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.

A “person” is defined to include an individual and also includes a church, association of churches or other religious order, and nonprofit religious organizations.

The law permits any person whose religious exercise is being, has been, or is likely to be burdened in to assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief, not to include punitive or exemplary damages, without regard to whether the proceeding is brought in the name of the state or by any other person.

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

People