2019 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 7 - Particular Proceedings and Remedies
Chapter 123 - Civil Rights
Subchapter 4 - Religious Freedom Restoration Act
§ 16-123-404. Free Exercise of Religion Protected

Universal Citation: AR Code § 16-123-404 (2019)
  • (a) A government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except that a government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person is:

    • (1) In furtherance of a compelling governmental interest; and

    • (2) The least restrictive means of furthering that compelling governmental interest.

  • (b)

    • (1) A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government.

    • (2) Standing to assert a claim or defense under this section is governed by the general rules of standing under statute, the Arkansas Rules of Criminal Procedure, the Arkansas Rules of Civil Procedure, or any court holding from the state's appellate courts.

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