Provides that the state and political subdivisions thereof shall be prohibited from enacting or enforcing any law which substantially burdens a religious belief or practice unless there is compelling governmental interest and such law is the least restrictive means necessary to accomplish such interest.
STATE OF NEW YORK
________________________________________________________________________
2283
2011-2012 Regular Sessions
IN SENATE
January 18, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to the free exercise of
religion
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new article 14-A
2 to read as follows:
3 ARTICLE 14-A
4 FREE EXERCISE OF RELIGION
5 Section 275. Legislative findings and statement of intent.
6 276. Free exercise of religion protected.
7 277. Definitions.
8 278. Applicability.
9 § 275. Legislative findings and statement of intent. 1. The legisla-
10 ture finds that:
11 (a) the state constitution recognizes the free exercise and enjoyment
12 of religious profession and worship, without discrimination or prefer-
13 ence, as an inherent and fundamental right;
14 (b) laws "facially neutral" toward religion, as well as laws intended
15 to interfere with religious exercise, may burden religious exercise and
16 profession;
17 (c) governments should not substantially burden religious exercise
18 without compelling justification; and
19 (d) the compelling interest test, as set forth in the federal cases of
20 Wisconsin v. Yoder, 406 US 205 (1972), and Sherbert v. Verner, 374 US
21 398 (1963), is a workable test for striking sensible balances between
22 religious liberty and competing governmental interests.
23 2. It is the intent of the legislature:
24 (a) to guarantee that a test of compelling state interest will be
25 imposed on all state and local laws and ordinances in all cases in which
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07145-01-1
S. 2283 2
1 free exercise and enjoyment of religious profession and worship is
2 substantially burdened; and
3 (b) to provide a claim or defense to persons whose religious profes-
4 sion and worship is substantially burdened by government.
5 § 276. Free exercise of religion protected. 1. Government shall not
6 substantially burden a person's exercise and enjoyment of religious
7 profession and worship even if the burden results from a rule of general
8 applicability, except as provided in subdivision two of this section.
9 2. Government may substantially burden a person's exercise and enjoy-
10 ment of religious profession and worship only if it demonstrates that
11 application of the burden to the person--
12 (a) is in furtherance of a compelling governmental interest; and
13 (b) is the least restrictive means of furthering that compelling
14 governmental interest.
15 3. A person whose religious exercise has been burdened in violation of
16 this section may assert that violation as a claim or defense in a judi-
17 cial proceeding and obtain appropriate relief against a government. A
18 party who prevails in any action to enforce this article against a
19 government shall recover attorney's fees and costs.
20 § 277. Definitions. As used in this article:
21 1. the term "government" includes a branch, department, agency,
22 instrumentality, and official (or other person acting under color of
23 law) of the state, or a municipality or subdivision of the state;
24 2. the term "demonstrates" means meets the burdens of going forward
25 with the evidence and of persuasion; and
26 3. the term "exercise and enjoyment of religious profession and
27 worship" means the practice of religion under section three of article I
28 of the state constitution.
29 § 278. Applicability. 1. This article applies to all state and local
30 laws and ordinances and the implementation of such laws and ordinances,
31 whether statutory or otherwise, and whether adopted before or after the
32 effective date of this article.
33 2. State law adopted after the effective date of this article shall be
34 subject to this article unless such law explicitly excludes such appli-
35 cation by reference to this article.
36 3. Nothing in this article shall be construed to authorize any govern-
37 ment to burden any religious belief.
38 § 2. This act shall take effect immediately.
