CSHB 195(STA): "An Act requiring governmental entities to meet certain requirements before placing a substantial burden on a person's free exercise of religion."
00 CS FOR HOUSE BILL NO. 195(STA) 01 "An Act requiring governmental entities to meet certain requirements before placing a 02 substantial burden on a person's free exercise of religion." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 SHORT TITLE. This Act may be cited as the "Alaska Religious Freedom Protection 07 Act." 08 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 FINDINGS. The legislature finds that 11 (1) the First Amendment to the Constitution of the United States and art. I, 12 sec. 4, Constitution of the State of Alaska, recognize and protect the right of free exercise of 13 religion; 14 (2) in 1990, the United States Supreme Court retreated from over 200 years of
01 respect for the right to free exercise of religion in Employment Division v. Smith, 494 U.S. 02 872 (1990), an opinion written by Justice Scalia, by holding that the government no longer 03 had to make reasonable exceptions to general laws in order to accommodate the religious 04 beliefs of its citizens; 05 (3) the free exercise rights of Alaska citizens are so vital and fundamental that 06 it is in the public interest to provide a statutory guarantee of these rights to secure against a 07 change in judicial interpretation; and 08 (4) while it is improper for the legislature to tell the judiciary how to interpret 09 the Constitution of the State of Alaska, it is proper for the legislature to secure established 10 rights in a different manner or to a different degree than the minimum set by the Constitution 11 of the State of Alaska as long as that legislative action does not interfere with the rights of 12 other persons. 13 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 INTENT. It is not the intent of the legislature, by protecting the individual free 16 exercise of religion, to create an establishment of religion or an official state religion. 17 * Sec. 4. AS 44.99 is amended by adding a new section to article 2 to read: 18 Sec. 44.99.130. Personal exercise of religious freedom protected. (a) A 19 governmental entity may not place a substantial burden on a person's free exercise of 20 religion, even if the substantial burden is in the form of a rule of general applicability, 21 unless the governmental entity demonstrates with clear and convincing evidence that 22 application of the substantial burden to the person is essential to further a compelling 23 governmental interest and is the least restrictive means of furthering that compelling 24 governmental interest. 25 (b) A person may bring a civil action against a governmental entity for a 26 violation of this section, and the court may grant an injunction and attorney fees. 27 (c) This section may not be construed to create an establishment of religion or 28 to authorize the infringement of the individual rights of a third party. 29 (d) In this section, 30 (1) "exercise of religion" means the exercise of religion under art. I, 31 sec. 4, Constitution of the State of Alaska, and under the First Amendment to the
01 Constitution of the United States; 02 (2) "governmental entity" means 03 (A) a branch, department, agency, instrumentality, or corporate 04 authority of the state; 05 (B) an official or other person acting under color of state law; 06 or 07 (C) a political subdivision of the state.