Tennessee Religious Freedom Restoration Act

The Tennessee RFRA provides that a government shall not substantially burden a person’s free exercise of religion even if the burden results from a rule of general applicability, unless it demonstrates that application of the burden to the person is:

• Essential to further a compelling governmental interest; and
• The least restrictive means of furthering that compelling governmental interest.

The law defines “substantially burden” to mean to inhibit or curtail religiously motivated practice.

A person whose religious exercise has been burdened by government may assert that violation as a claim or defense in any judicial or administrative proceeding and may obtain such declaratory relief, monetary damages as may properly be awarded by a court of competent jurisdiction, or both declaratory relief and monetary damages.

The law 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.

 

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People