Wednesday, July 9, 2014
Excerpt from initially proposed Mississippi Religious Freedom Restoration Act (2014):
State action or an action by any person based on state action shall not burden a person's right to exercise of religion, even if the burden results from a rule of general applicability, unless it is demonstrated that applying the burden to that person's exercise of religion in that particular instance is both of the following:
(i) Essential to further a compelling governmental interest;
(ii) The least restrictive means of furthering that compelling governmental interest.
Excerpt from reworked bill, as signed:
Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in paragraph (b) of this subsection.
(b) Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person:
(i) Is in furtherance of a compelling governmental interest; and
(ii) Is the least restrictive means of furthering that compelling governmental interest.
Excerpt from Federal Religious Freedom Restoration Act (1993), as signed:
(a) IN GENERAL.—Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b)
(b) EXCEPTION.—Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person—
a. in furtherance of a compelling governmental interest; and
b. is the least restrictive means of furthering that compelling governmental interest.