Vetoed by Governor Jan Brewer

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that authorizes an individual to use potential infringements of religious freedom as a claim or defense in a legal proceeding.

Highlights:

• Authorizes an individual whose exercise of religion is burdened or is “likely to be burdened” to assert a violation or impending violation as a claim or defense in a judicial proceeding and to obtain “appropriate” relief, regardless of whether the government is a party to the proceeding (Sec. 2). 

• Expands the definition of “exercise of religion” to include the practice or observance of religion (Sec. 1).

• Prohibits "state action" from burdening an individuals excercise of religion, except in the following circumstances (Sec. 2):
• The opposing party demonstrates the burden is in furtherance of a compelling government interest; and
• The opposing party demonstrates the burden is the least restrictive means of furthering that interest.

• Defines "state action" as the implementation or application of any law or any other action by the government (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes an individual to use potential infringements of religious freedom as a claim or defense in a legal proceeding.

Highlights:

• Authorizes an individual whose exercise of religion is burdened or is “likely to be burdened” to assert a violation or impending violation as a claim or defense in a judicial proceeding and to obtain “appropriate” relief, regardless of whether the government is a party to the proceeding (Sec. 2). 

• Expands the definition of “exercise of religion” to include the practice or observance of religion (Sec. 1).

• Prohibits "state action" from burdening an individuals excercise of religion, except in the following circumstances (Sec. 2):
• The opposing party demonstrates the burden is in furtherance of a compelling government interest; and
• The opposing party demonstrates the burden is the least restrictive means of furthering that interest.

• Defines "state action" as the implementation or application of any law or any other action by the government (Sec. 2).

Full Bill Text