Arkansas Religious Freedom Restoration Act

(1) To restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963), and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases in which free exercise of religion is substantially burdened;

(2) That this subchapter be interpreted consistent with the Religious Freedom Restoration Act of 1993, 42 U.S.C. § 2000bb, federal case law, and federal jurisprudence; and

(3) To provide a claim or defense to persons whose religious exercise is substantially burdened by government.

(1) “Compelling governmental interest” means a governmental interest of the highest order as long-recognized in the history and traditions of this state, that is necessary to advance a vital interest and cannot otherwise be achieved without burdening the exercise of religion;

(2) “Demonstrates” means meets the burdens of going forward with the evidence and of persuasion;

(A) “Exercise of religion” means the practice or observance of religion.

(B) “Exercise of religion” includes without limitation an action that is motivated by a sincerely held religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief;

(4) “Government” includes a branch, department, agency, instrumentality, political subdivision, official, or other person acting under color of state law or using any instrumentality of the state to enforce a law, regulation, rule, or policy of the government;

(5) “Person” means an individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity;

(6) “State law” includes without limitation a law of a political subdivision, an ordinance, rule, regulation, or policy, whether statutory or otherwise, or other action by the state or any political subdivision of the state or by any public official authorized by law in the state; and

(A) “Substantially burden” means any action that directly or indirectly constrains, inhibits, curtails, or denies the exercise of religion by any person or compels any action contrary to a person’s exercise of religion.

(B) “Substantially burden” includes without limitation withholding benefits, assessing criminal, civil, or administrative penalties or damages, or exclusion from governmental programs or access to governmental facilities.

(1) Essential to further a compelling governmental interest; and

(2) The least restrictive means of furthering that compelling governmental interest.

(1) A person whose religious exercise has been burdened, or will be burdened, in violation of this section may assert that violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the government is a party to the proceeding, and obtain appropriate relief against a government, including declaratory relief, injunctive relief, compensatory damages, and reasonable attorney's fees and costs.

(2) Standing to assert a claim or defense under this section is governed by the general rules of standing under statute, the Arkansas Rules of Criminal Procedure, the Arkansas Rules of Civil Procedure, or any court holding from the state's appellate courts.