South Carolina Religious Freedom Act

The South Carolina RFRA prohibits the state from substantially burdening a person’s exercise of religion, even if the burden results from a rule of general applicability, unless the state demonstrates that application of the burden to the person is in furtherance of a compelling state interest and the least restrictive means of furthering that compelling state interest.

A “person” is defined to include an individual, corporation, firm, partnership, association, or organization.

If a person’s exercise of religion has been burdened, the person may assert the 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