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91_SB0532
LRB9103343DJcd
1 AN ACT to amend the Religious Freedom Restoration Act by
2 changing Sections 5, 10, 15, 20, and 25.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Religious Freedom Restoration Act is
6 amended by changing Sections 5, 10, 15, 20, and 25 as
7 follows:
8 (775 ILCS 35/5)
9 Sec. 5. Definitions. In this Act:
10 "Compelling governmental interest" includes but is not
11 limited to protecting the public health, safety, and welfare;
12 promoting the efficient and effective administration of
13 policies, projects, and programs, the use of public property,
14 or the enforcement of laws; protecting the legal and civil
15 rights of all persons; preserving public resources;
16 preserving the character of communities and neighborhoods;
17 and protecting property values.
18 "Demonstrates" means meets the burdens of going forward
19 with the evidence and of persuasion.
20 "Exercise of religion" means an act or refusal to act
21 that is substantially motivated by religious belief, whether
22 or not the religious exercise is compulsory or central to a
23 larger system of religious belief.
24 "Government" includes a branch, department, agency,
25 instrumentality, and official (or other person acting under
26 color of law) of the State of Illinois or a political
27 subdivision of the State, including a home rule unit.
28 "Substantially burden an exercise of religion" means to
29 force adherents of a religion to refrain from religiously
30 motivated conduct, to inhibit or constrain conduct or
31 expression that manifests a central tenet of a person's
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1 religious beliefs, or to compel conduct or expression that is
2 contrary to those beliefs.
3 (Source: P.A. 90-806, eff. 12-2-98.)
4 (775 ILCS 35/10)
5 Sec. 10. Findings and purposes.
6 (a) The General Assembly finds the following:
7 (1) The free exercise of religion is an inherent,
8 fundamental, and inalienable right secured by Article I,
9 Section 3 of the Constitution of the State of Illinois.
10 (2) Laws "neutral" toward religion, as well as laws
11 intended to interfere with the exercise of religion, may
12 burden the exercise of religion.
13 (3) Government should not substantially burden the
14 exercise of religion without compelling justification.
15 (4) In Employment Division v. Smith, 494 U.S. 872
16 (1990) the Supreme Court curtailed virtually eliminated
17 the requirement under the First Amendment to the United
18 States Constitution that government justify burdens on
19 the exercise of religion imposed by laws neutral toward
20 religion.
21 (5) In City of Boerne v. P. F. Flores, 65 LW 4612
22 (1997) the Supreme Court held that an Act passed by
23 Congress to address the matter of burdens placed on the
24 exercise of religion infringed on the legislative powers
25 reserved to the states under the Constitution of the
26 United States.
27 (6) The compelling interest test, as set forth in
28 Wisconsin v. Yoder, 406 U.S. 205 (1972), and Sherbert v.
29 Verner, 374 U.S. 398 (1963), provides part of a framework
30 is a workable test for striking sensible balances
31 between religious liberty and competing governmental
32 interests.
33 (7) The standard "not substantially broader than
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1 necessary" set forth in Ward v. Rock Against Racism, 491
2 U.S. 781 (1989), is an appropriate standard for the
3 review of governmental rules of general applicability
4 that burden the exercise of religion.
5 (b) The purposes of this Act are as follows:
6 (1) To impose a standard comparable to those
7 restore the compelling interest test as set forth in
8 Wisconsin v. Yoder, 406 U.S. 205 (1972), and Sherbert v.
9 Verner, 374 U.S. 398 (1963) and Ward v. Rock Against
10 Racism, 491 U.S. 781 (1989), and to guarantee that a test
11 of compelling governmental interest will be imposed on
12 all State and local (including home rule unit) laws,
13 ordinances, policies, procedures, practices, and
14 governmental actions in all cases in which the free
15 exercise of religion is substantially burdened.
16 (2) To provide a claim or defense to persons whose
17 exercise of religion is substantially burdened by
18 government.
19 (Source: P.A. 90-806, eff. 12-2-98.)
20 (775 ILCS 35/15)
21 Sec. 15. Free exercise of religion protected.
22 Government may not substantially burden an a person's
23 exercise of religion, even if the burden results from a rule
24 of general applicability, unless it demonstrates that
25 application of the burden to the person (i) is in furtherance
26 of a compelling governmental interest as defined in this Act
27 and (ii) is not substantially broader than necessary to
28 further the least restrictive means of furthering that
29 compelling governmental interest.
30 (Source: P.A. 90-806, eff. 12-2-98.)
31 (775 ILCS 35/20)
32 Sec. 20. Judicial relief. If a person's exercise of
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1 religion has been substantially burdened in violation of this
2 Act, that person may assert that violation as a claim or
3 defense in a judicial proceeding and may obtain appropriate
4 relief against a government. In any action brought under
5 this Act, the prevailing party A party who prevails in an
6 action to enforce this Act against a government is entitled
7 to recover attorney's fees and costs incurred in maintaining
8 the claim or defense if the non-prevailing party's position
9 is not substantially justified.
10 (Source: P.A. 90-806, eff. 12-2-98.)
11 (775 ILCS 35/25)
12 Sec. 25. Application of Act; home rule powers.
13 (a) This Act applies to all State and local (including
14 home rule unit) laws, ordinances, policies, procedures,
15 practices, and governmental actions and their
16 implementation, whether statutory or otherwise and whether
17 adopted before or after the effective date of this Act.
18 (b) Nothing in this Act shall be construed to authorize
19 a government to substantially burden an exercise of religion
20 any religious belief.
21 (c) Nothing in this Act shall be construed to affect,
22 interpret, or in any way address any of the following: (i)
23 that portion of the First Amendment of the United States
24 Constitution prohibiting laws respecting the establishment of
25 religion, (ii) the second sentence of Article I, Section 3 of
26 the Illinois Constitution, or (iii) Article X, Section 3 of
27 the Illinois Constitution. Granting government funding,
28 benefits, or exemptions, to the extent permissible under the
29 3 constitutional provisions described in items (i), (ii), and
30 (iii) of this subsection, does not constitute a violation of
31 this Act. In this subsection, "granting", used with respect
32 to government funding, benefits, or exemptions, does not
33 include the denial of government funding, benefits, or
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1 exemptions.
2 (d) The corporate authorities of a municipality or other
3 unit of local government may enact ordinances, standards,
4 rules, or regulations that protect the free exercise of
5 religion in a manner or to an extent equal to or greater than
6 the protection provided in this Act. If an ordinance,
7 standard, rule, or regulation enacted under the authority of
8 this Section or under the authority of a unit of local
9 government's home rule powers substantially prohibits,
10 restricts, narrows, or burdens an a person's exercise of
11 religion or permits a substantial the prohibition,
12 restriction, narrowing, or burdening of a person's exercise
13 of religion, that ordinance, standard, rule, or regulation is
14 void and unenforceable as to that person if it (i) is not in
15 furtherance of a compelling governmental interest and (ii) is
16 substantially broader than necessary to further not the least
17 restrictive means of furthering that governmental interest.
18 This subsection is a limitation under subsection (i) of
19 Section 6 of Article VII of the Illinois Constitution on the
20 concurrent exercise by home rule units of powers and
21 functions exercised by the State.
22 (Source: P.A. 90-806, eff. 12-2-98.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.