Texas Religious Freedom Restoration Act

The Texas RFRA provides that a government agency may not substantially burden a person’s free exercise of religion unless the government agency demonstrates that the application of the burden to the person:

• is in furtherance of a compelling governmental interest; and
• is the least restrictive means of furthering that interest.

A person whose free exercise of religion has been substantially burdened may assert that violation as a defense in a judicial or administrative proceeding without regard to whether the proceeding is brought in the name of the state or by any other person.

Civil Rights Protections

The law also provides provisions to ensure that the RFRA can’t be misused to disregard civil rights protections against discrimination.