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SB 1062 - Authorizes Individuals to use Potential Infringements of Religious Freedom as a Claim or Defense - Arizona Key Vote

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Title: Authorizes Individuals to use Potential Infringements of Religious Freedom as a Claim or Defense

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Title: Authorizes Individuals to use Potential Infringements of Religious Freedom as a Claim or Defense

Vote Smart's Synopsis:

Vote to pass a bill that authorizes an individual to use a potential infringement of exercise of religion as a claim or defense in a legal proceeding in certain circumstances.

Highlights:

  • Authorizes a “person” to assert that a “state action” burdens the exercise of religion of that person if the following conditions are met (Sec. 2):
    • The person’s action or refusal to act is motivated by a religious belief;
    • The person’s stated belief is sincerely held; and
    • The state action “substantially” burdens the exercise of that person’s religious beliefs.
  • Defines “person” as an individual, association, partnership, corporation, church, religious assembly, institution, or other business organization (Sec. 1).
  • Defines “state action” as the implementation or application of any law or any other action by the government or a non-governmental person (Sec. 2).
  • Expands the definition of “exercise of religion” to include the practice or observance of religion (Sec. 1).
  • Expands from a government to a government or non-governmental person the authorization to enforce a state action that “substantially” burdens a person’s exercise of religion only in the following circumstances (Sec. 2):
    • The person seeking state action demonstrates the limit is in furtherance of a compelling government interest; and
    • The person seeking state action demonstrates the limit is the least restrictive means of furthering that interest.
  • Authorizes a person whose exercise of religion is burdened by a state action to assert the violation as a claim or defense in a judicial or civil proceeding (Sec. 2).

See How Your Politicians Voted

Title: Authorizes Individuals to use Potential Infringements of Religious Freedom as a Claim or Defense

Vote Smart's Synopsis:

Vote to pass a bill that authorizes an individual to use a potential infringement of exercise of religion as a claim or defense in a legal proceeding in certain circumstances.

Highlights:

  • Authorizes a “person” to assert that a “state action” burdens the exercise of religion of that person if the following conditions are met (Sec. 2):
    • The person’s action or refusal to act is motivated by a religious belief;
    • The person’s stated belief is sincerely held; and
    • The state action “substantially” burdens the exercise of that person’s religious beliefs.
  • Defines “person” as an individual, association, partnership, corporation, church, religious assembly, institution, or other business organization (Sec. 1).
  • Defines “state action” as the implementation or application of any law or any other action by the government or a non-governmental person (Sec. 2).
  • Expands the definition of “exercise of religion” to include the practice or observance of religion (Sec. 1).
  • Expands from a government to a government or non-governmental person the authorization to enforce a state action that “substantially” burdens a person’s exercise of religion only in the following circumstances (Sec. 2):
    • The person seeking state action demonstrates the limit is in furtherance of a compelling government interest; and
    • The person seeking state action demonstrates the limit is the least restrictive means of furthering that interest.
  • Authorizes a person whose exercise of religion is burdened by a state action to assert the violation as a claim or defense in a judicial or civil proceeding (Sec. 2).

Title: Authorizes Individuals to use Potential Infringements of Religious Freedom as a Claim or Defense

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