Section 1.
Sections 1 to 5 of this act shall be known and may be cited as the First Freedom Act.
History
L.B. 43
Sec. 2. For purposes of the First Freedom Act:
(1) Exercise of religion means the practice or observance of religion and includes any 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;
(2) Person means any individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity;
(3) Religious organization means:
(a) A house of worship;
(b) A religious group, corporation, association, educational institution, ministry, order, society, or similar entity, regardless of whether it is integrated or affiliated with a church or other house of worship; or
(c) An officer, owner, employee, manager, religious leader, clergy, or minister of an entity or organization described in subdivision (3)(a) or (b) of this section;
(4) Religious service means a meeting, gathering, or assembly of two or more persons organized by a religious organization for the purpose of worship, teaching, training, providing educational services, conducting religious rituals, or other activities that are deemed necessary by the religious organization for the exercise of religion;
(5) State action means the implementation or application of any law, including state and local laws, ordinances, rules, regulations, and policies, whether statutory or otherwise, or other action by the state or any political subdivision thereof and any local government, municipality, instrumentality, or public official authorized by state or local law; and
(6)
(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 withholding benefits, imposing criminal, civil, or administrative penalties or damages, or exclusion from governmental programs or access to governmental facilities.
History
L.B. 43
Sec. 3. Notwithstanding any other provision of law, state action shall not:
(1) Substantially burden a person’s right to the exercise of religion unless it is demonstrated that applying the burden to that person’s exercise of religion in this particular instance is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest; or
(2) Restrict a religious organization from operating and engaging in religious services during a state of emergency to a greater extent than the state restricts other organizations or businesses from operating during a state of emergency.
History
L.B. 43
Sec. 4.
(1) A person or religious organization whose exercise of religion or religious service has been burdened or restricted, or is likely to be burdened or restricted, in violation of the First Freedom Act, may bring a civil action or assert such violation or impending violation as a defense in a judicial or administrative proceeding.
(2) This section applies regardless of whether the state or a political subdivision is a party to the judicial or administrative proceeding.
(3) A person or religious organization asserting a claim or defense under this section may obtain appropriate relief, including against the state or a political subdivision. Appropriate relief includes:
(a) Actual damages;
(b) Such preliminary and other equitable or declaratory relief as may be appropriate; and
(c) Reasonable attorney’s fees and other litigation costs reasonably incurred.
History
L.B. 43
Sec. 5.
The First Freedom Act applies to all state and local laws, and the implementation of those laws, whether statutory or otherwise, regardless of whether adopted before or after the operative date of this section.
History
L.B. 43