RFRA Passes in Connecticut
Article ID: 2155
Age Group: Adult
Days Up: 7,442
Times Read: 11,786
Posted: June 29th. 1998
Times Viewed: 11,786
RFRA Intro: Since the Supreme Court struck down the Religious Freedom Restoration Act last June, many states have introduced "mini-RFRA" legislation. Most bills are still pending-ask your legislators where YOUR state RFRA is!- but some states have pushed forward and enacted their versions of RFRA, notably Connecticut, Rhode Island and Florida.
The Witches' Voice has posted the state RFRAs which are currently law and will update the list as more states pass this legislation.
If you know the current status of your state's RFRA legislation, please pass the information along to us and we will add it to this section.
CONNECTICUT GENERAL STATUTES-TITLE 52. CIVIL ACTIONS
CHAPTER 925. STATUTORY RIGHTS OF ACTION AND DEFENSES
s 52-571 b.-Action or defense authorized when state or political subdivision burdens a person's exercise of religion
(a) The state or any political subdivision of the state shall not burden a person's exercise of religion under section 3 of article first of the constitution of the state even if the burden results from a rule of general applicability, except as provided in subsection (b) of this section.
(b) The state or any political subdivision of the state may burden a person's exercise of religion only if it demonstrates that application of the burden to the person (1) is in furtherance of a compelling governmental interest, and (2) is the least restrictive means of furthering that compelling governmental interest.
(c) A person whose exercise of religion has been burdened in violation of the provisions of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against the state or any political subdivision of the state.
(d) Nothing in this section shall be construed to authorize the state or any political subdivision of the state to burden any religious belief.
(e) Nothing in this section shall be construed to affect, interpret or in any way address that portion of article seventh of the constitution of the state that prohibits any law giving a preference to any religious society or denomination in the state. The granting of government funding, benefits or exemptions, to the extent possible under the constitution of the state, shall not constitute a violation of this section. As used in this subsection, the term "granting" does not include the denial of government funding, benefits or exemptions.
(f) For the purposes of this section, "state or any political subdivision of the state" includes any agency, board, commission, department, officer or employee of the state or any political subdivision of the state, and "demonstrates" meets the burdens of going forward with the evidence and of persuasion.
Status of other state RFRA legislation:
CALIFORNIA: -MEASURE-A.B. No. 1617
AUTHOR(S)-Baca (Principal Coauthor: Scott) (Coauthors: Aguiar, Baldwin, Bowler, Cunneen, Havice, Hertzberg, House, Kuykendall, Leach, McClintock, Villaraigosa, andWashington) (Coauthors: Senators Brulte, Lewis, and Watson).
TOPIC-Religious Freedom Protection Act. HOUSE LOCATION-SEN LAST AMENDED DATE-06/22/98
LAST HIST. ACT. DATE:-06/24/98 LAST HIST. ACTION-In committee: Hearing postponed by committee. COMM. LOCATION-SEN JUDICIARY HEARING DATE-06/30/98
TITLE-An act to add Section 43.2 to the Civil Code, and to add Chapter 4.5 (commencing with Section 6400) to Division 7 of Title 1 of the Government Code, relating to religious freedom.
AUTHOR(S)-Cohen (HB3051 by Burchett, DeBerry J, Wood, Halteman Harwel, Walker (Rhea).
Religion and Religious Organizations - Prohibits government from substantially burdening person's exercise and enjoyment of religious profession and worship. -Amends TCA Title 4.
4/13/98, 09:55 AMS - Taken off notice for calendar in S Jud Comm.
Important Note: The Witches' Voice Inc. does not offer legal advice nor are we qualified to do so. This document does not constitute legal advice but is intended to be used in conjunction with the legal services of an attorney licensed to practice in your state. This document can be copied and distributed to your lawyer should you decide that you need the services of one.
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