South Dakota Religious Freedom Bill (HB 1220)

This law was last updated on Sep 12, 2016

State

South Dakota

Number

HB 1220

Status

Failed to Pass

Proposed

Feb 3, 2015

Topics

LGBTQ, Religious Freedom

Full Bill Text

sdlegislature.gov

HB 1220 would prohibit the state from burdening a person’s right to exercise of religion, even if the burden results from a rule of general applicability, unless it is demonstrated that applying the burden 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, or is likely to be burdened, in violation of this provision may assert the violation or impending violation as a claim or defense in a judicial proceeding, regardless of whether the State of South Dakota or one of its political subdivisions is a party to the proceeding.

The law allows religious freedom to be raised as a defense in lawsuits between private citizens and therefore does not track the federal RFRA.