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South Dakota Religious Freedom Bill (HB 1220)

This law was last updated on Sep 12, 2016


South Dakota


HB 1220


Failed to Pass


Feb 3, 2015


Co-sponsors: 32
Primary Sponsors: 2
Total Sponsors: 34


LGBTQ, Religious Freedom

Full Bill Text

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.