RFRA

Signed by AHA December 11, 2002

An Act amending Nevada Revised Statutes, by adding _________________; relating to religious free exercise.

Be it enacted by the Legislature of the State of Nevada: _____________,

Nevada Revised Statutes, is amended by adding ____________, to read:

Free Exercise of Religion

Sec. ________. Legislative Findings and Intent.

1. The legislature finds that:

(a) The Constitution of Nevada recognizes the free exercise of religion.

(b) Laws that are facially neutral toward religion, as well as laws

intended to interfere with religious exercise, may burden religious

exercise.

compelling justification.

(d) This state has independent authority to protect the free exercise of

religion by principles that are separate from, complimentary to and more

expansive than the first amendment of the United States Constitution.

(e) Under its police power, the legislature may establish statutory

protections that supplement rights guaranteed by the Constitution

of Nevada.

Sec. ______ Definitions.

In this article, unless the context otherwise requires, the following items

have the following meanings:

1. Demonstrates. Meets the burdens of going forward with the evidence and

of persuasion.

2. Exercise of Religion. The ability to act or refusal to act in a manner

substantially motivated by a religious belief, whether or not the exercise

is compulsory or central to a larger system of religious belief.

3. Government. Includes this state and any agency or political subdivision

of this state.

4. Political Subdivision. Includes any county, city, including a charter

city, town, school district, municipal corporation or special district, any

board, commission or agency of a county, city, including a charter city,

town, school district, municipal corporation or special district or any

other local public agency.

Sec. _____. Balancing Test.

The compelling interest test, as set forth in the federal cases of

Wisconsin v. Yoder, 406 U.S. 205 (1972) and Sherbert v. Verner, 374 U.S. 398

(1963), is a workable test for striking sensible balances between religious

liberty and competing government interests.

Sec. _______. Severability.

If a provision of this act or its application to any person or

circumstances is held invalid, the invalidity does not affect other

provisions or applications of the act that can be given effect without the

invalid provision or application, and to this end the provisions of this act

are severable.

Sec. ______. Free Exercise of Religion Protected.

1. Free exercise of religion is a fundamental right that applies in this

state even if laws, rules or other government actions are facially neutral.

2. Except as provided in subsection 3, government shall not substantially

burden a person's exercise of religion even if the burden results from a

rule of general applicability.

3. Government may substantially burden a person's exercise of religion only

if it demonstrates that application of the burden to the person is both:

(a) In furtherance of a compelling governmental interest; and

(b) The least restrictive means of furthering that compelling governmental

interest.

4. A person whose religious exercise is burdened in violation of this

section may assert that violation as a claim or defense in a judicial

proceeding and obtain appropriate relief against a government. A party who

prevails in any action to enforce this article against a government shall

recover attorney fees and costs.

5. In this section, the term "substantially burden" is intended solely to

ensure that this article is not triggered by trivial, technical or de

minimis infractions.

Sec. _______. Applicability.

1. This article applies to all state and local laws and ordinances and the

implementation of those laws and ordinances, whether statutory or otherwise,

and whether adopted before or after the effective date of this article.

2. State laws that are adopted after the effective date of this article are

subject to this article unless the law explicitly excludes application by

reference to this article.

3. This article shall not be construed to authorize any government to

burden any religious belief.

Nicholas P. Miller, Esq.
Sidley, Austin, Brown & Wood
555 West 5th Street
Los Angeles, CA 90013
(213) 896-6617
(213) 896-6600 (fax)

Press Room

Coalition Statements


		Coalition Statement *Signed by AHA December 11, 2002* An Act amending Nevada Revised Statutes, by adding _________________; relating to religious free exercise. Be it enacted by the Legislature of the State of Nevada: _____________, Nevada Revised Statutes, is amended by adding ____________, to read: Free Exercise of Religion Sec. ________. Legislative Findings and Intent. 1. The legislature finds that: (a) The Constitution of Nevada recognizes the free exercise of religion. (b) Laws that are facially neutral toward religion, as well as laws intended to interfere with religious exercise, may burden religious exercise. (c) Governments should not substantially burden religious exercise without compelling justification. (d) This state has independent authority to protect the free exercise of religion by principles that are separate from, complimentary to and more expansive than the first amendment of the United States Constitution. (e) Under its police power, the legislature may establish statutory protections that supplement rights guaranteed by the Constitution of Nevada. Sec. ______ Definitions. In this article, unless the context otherwise requires, the following items have the following meanings: 1. Demonstrates. Meets the burdens of going forward with the evidence and of persuasion. 2. Exercise of Religion. The ability to act or refusal to act in a manner substantially motivated by a religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief. 3. Government. Includes this state and any agency or political subdivision of this state. 4. Political Subdivision. Includes any county, city, including a charter city, town, school district, municipal corporation or special district, any board, commission or agency of a county, city, including a charter city, town, school district, municipal corporation or special district or any other local public agency. Sec. _____. Balancing Test. The compelling interest test, as set forth in the federal cases of Wisconsin v. Yoder, 406 U.S. 205 (1972) and Sherbert v. Verner, 374 U.S. 398 (1963), is a workable test for striking sensible balances between religious liberty and competing government interests. Sec. _______. Severability. If a provision of this act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. Sec. ______. Free Exercise of Religion Protected. 1. Free exercise of religion is a fundamental right that applies in this state even if laws, rules or other government actions are facially neutral. 2. Except as provided in subsection 3, government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability. 3. Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person is both: (a) In furtherance of a compelling governmental interest; and (b) The least restrictive means of furthering that compelling governmental interest. 4. A person whose religious exercise is burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. A party who prevails in any action to enforce this article against a government shall recover attorney fees and costs. 5. In this section, the term "substantially burden" is intended solely to ensure that this article is not triggered by trivial, technical or de minimis infractions. Sec. _______. Applicability. 1. This article applies to all state and local laws and ordinances and the implementation of those laws and ordinances, whether statutory or otherwise, and whether adopted before or after the effective date of this article. 2. State laws that are adopted after the effective date of this article are subject to this article unless the law explicitly excludes application by reference to this article. 3. This article shall not be construed to authorize any government to burden any religious belief. Nicholas P. Miller, Esq. Sidley, Austin, Brown & Wood 555 West 5th Street Los Angeles, CA 90013 (213) 896-6617 (213) 896-6600 (fax) Press Room Coalition Statements