PRIOR PRINTER'S NO. 1970 PRINTER'S NO. 2259
No. 1421 Session of 2002
INTRODUCED BY JUBELIRER, MELLOW, CORMAN, MUSTO, LEMMOND,
TARTAGLIONE, D. WHITE, MOWERY, GREENLEAF, BOSCOLA, HELFRICK,
DENT, THOMPSON, M. WHITE, TOMLINSON, ROBBINS, LAVALLE, BELL,
KITCHEN, SCARNATI, GERLACH, KASUNIC, WENGER, C. WILLIAMS,
BODACK, CONTI, A. WILLIAMS, WAUGH AND SCHWARTZ,
APRIL 30, 2002
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, OCTOBER 1, 2002
AN ACT
1 Protecting the free exercise of religion; and prescribing the
2 conditions under which government may substantially burden a
3 person's free exercise of religion.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Religious
8 Freedom Protection Act.
9 Section 2. Legislative findings.
10 The General Assembly finds and declares as follows:
11 (1) The Constitution of Pennsylvania recognizes that all <--
12 citizens of this Commonwealth have a natural and indefeasible
13 right to the free exercise and enjoyment of religion. It is
14 in the province of all branches of government to foster and
15 protect the free exercise of religion and to avoid violations
16 of religious liberties.
1 (2) Laws and government actions that are facially
2 (1) LAWS AND GOVERNMENT ACTIONS THAT ARE FACIALLY <--
3 neutral toward religion, as well as laws and governmental
4 actions intended to interfere with religious exercise, may
5 have the effect of burdening religious exercise. <--
6 (3) Neither EXERCISE; HOWEVER, NEITHER State nor local <--
7 government should substantially burden religious exercise
8 without compelling justification.
9 (4) The compelling interest test set forth in precedent <--
10 decisions of the United States Supreme Court prior to
11 Employment Division, Department of Human Resources of Oregon
12 v. Smith, 494 U.S. 872 (1990), is a workable test for
13 striking sensible balances between religious liberty and
14 compelling government interests.
15 (5) The General Assembly intends to guarantee that a
16 test of a compelling interest should be imposed on all State
17 and local laws, ordinances and governmental actions in all
18 cases in which free exercise of religion is substantially
19 burdened by governmental action or threatened governmental
20 action.
21 (6) The General Assembly intends to provide a claim or
22 defense to persons whose exercise of religious freedom is or
23 will be substantially burdened by State or local government.
24 (7) (2) The General Assembly intends that all laws <--
25 which it has heretofore enacted or will hereafter enact or
26 which have been or will be adopted by political subdivisions
27 and executive agencies acting pursuant to authority asserted
28 to be conferred by statutes enacted by the General Assembly
29 shall be construed so as to avoid the imposition of
30 substantial burdens upon the free exercise of religion
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1 without compelling justification.
2 Section 3. Definitions.
3 The following words and phrases when used in this act shall
4 have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6 "Correctional employee." Any public official, employee,
7 agent, contractor or volunteer working for or providing services
8 relating to, a correctional facility or its inmates.
9 "Demonstrates." Meets the burdens of going forward with the
10 evidence and the burden of persuasion.
11 "Exercise of religion." The practice or observance of
12 religion under Section 3 of Article I of the Constitution of
13 Pennsylvania.
14 "Government." The Commonwealth, including its administrative
15 departments, boards and commissions; independent administrative
16 departments, boards and commissions; and any local government,
17 political subdivision, municipality, instrumentality or public
18 official authorized by law in this Commonwealth.
19 "Person." Includes a corporation, partnership, other
20 association, church, religious institution, estate, trust,
21 foundation or natural person.
22 "Substantially burdens." A governmental action which:
23 (1) Significantly constrains or inhibits conduct or
24 expression mandated by a person's sincerely held religious
25 beliefs.
26 (2) Significantly curtails a person's ability to express
27 adherence to that person's religious faith.
28 (3) Denies a person a reasonable opportunity to engage
29 in those activities that are fundamental to that person's
30 religion.
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1 (4) Compels conduct or expression that violates a
2 mandatory tenet of a person's religious faith.
3 Section 4. Free exercise of religion protected.
4 (a) General rule.--Government shall not substantially burden
5 a person's exercise of religion, including any burden that
6 results from a rule of general applicability, except as provided
7 in subsection (b).
8 (b) Exceptions.--Government may substantially burden a
9 person's exercise of religion only if the government
10 demonstrates that application of the burden to the person:
11 (1) is in furtherance of a compelling interest of the
12 government; and
13 (2) is the least restrictive means of furthering that
14 compelling interest.
15 (c) Claim or defense.--A person whose exercise of religion
16 has been burdened or is about to WILL be burdened in violation <--
17 of this section may assert that violation as a claim or defense
18 in any judicial or administrative proceeding against the
19 government and may obtain appropriate relief from a court.
20 Section 5. Applicability.
21 This act shall apply to any State or local law or ordinance
22 and the implementation of that law or ordinance, whether
23 statutory or otherwise, and whether adopted or effective prior
24 to or after the effective date of this act. Any law enacted by
25 the General Assembly after the effective date of this act shall
26 be subject to this act unless the General Assembly expressly
27 excludes that law from this act by specific reference to this
28 act.
29 Section 6. Construction.
30 Nothing in this act shall be construed to authorize any
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1 government to prohibit or penalize the holding of any religious
2 belief, or to take any action contrary to the Constitution of
3 Pennsylvania.
4 Section 7. Free exercise of religion by inmates of correctional
5 facilities.
6 With respect to claims or defenses asserted under this act by
7 inmates of State, county or municipal correctional facilities, a
8 government shall not be deemed to have violated the provisions
9 of this act if a rule, policy, action, omission or regulation of
10 such correctional facility or its correctional employees is
11 reasonably SUBSTANTIALLY related to legitimate penological <--
12 interests, including, but not limited to, deterrence of crime,
13 the prudent use of institutional resources, the rehabilitation
14 of prisoners or institutional security.
15 Section 8. Effective date.
16 This act shall take effect immediately.
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