2016 Indiana Code
TITLE 34. CIVIL LAW AND PROCEDURE
ARTICLE 13. CAUSES OF ACTION: CLAIMS AGAINST THE GOVERNMENT
CHAPTER 9. RELIGIOUS FREEDOM RESTORATION
Download as PDF
<![CDATA[
IC 34-13-9
Chapter 9. Religious Freedom Restoration
IC 34-13-9-0.7
Application
Sec. 0.7. This chapter does not:
(1) authorize a provider to refuse to offer or provide services,
facilities, use of public accommodations, goods, employment,
or housing to any member or members of the general public on
the basis of race, color, religion, ancestry, age, national origin,
disability, sex, sexual orientation, gender identity, or United
States military service;
(2) establish a defense to a civil action or criminal prosecution
for refusal by a provider to offer or provide services, facilities,
use of public accommodations, goods, employment, or housing
to any member or members of the general public on the basis of
race, color, religion, ancestry, age, national origin, disability,
sex, sexual orientation, gender identity, or United States
military service; or
(3) negate any rights available under the Constitution of the
State of Indiana.
As added by P.L.4-2015, SEC.1.
IC 34-13-9-1
Application
Sec. 1. This chapter applies to all governmental entity statutes,
ordinances, resolutions, executive or administrative orders,
regulations, customs, and usages, including the implementation or
application thereof, regardless of whether they were enacted,
adopted, or initiated before, on, or after July 1, 2015.
As added by P.L.3-2015, SEC.1.
IC 34-13-9-2
Exemptions
Sec. 2. A governmental entity statute, ordinance, resolution,
executive or administrative order, regulation, custom, or usage may
not be construed to be exempt from the application of this chapter
unless a state statute expressly exempts the statute, ordinance,
resolution, executive or administrative order, regulation, custom, or
usage from the application of this chapter by citation to this chapter.
As added by P.L.3-2015, SEC.1.
IC 34-13-9-3
Establishment Clause
Sec. 3. (a) The following definitions apply throughout this
section:
(1) "Establishment Clause" refers to the part of the First
Amendment of the Constitution of the United States or the
Indiana Code 2016
Constitution of the State of Indiana prohibiting laws respecting
the establishment of religion.
(2) "Granting", used with respect to government funding,
benefits, or exemptions, does not include the denial of
government funding, benefits, or exemptions.
(b) This chapter may not be construed to affect, interpret, or in
any way address the Establishment Clause.
(c) Granting government funding, benefits, or exemptions, to the
extent permissible under the Establishment Clause, does not
constitute a violation of this chapter.
As added by P.L.3-2015, SEC.1.
IC 34-13-9-4
"Demonstrates"
Sec. 4. As used in this chapter, "demonstrates" means meets the
burdens of going forward with the evidence and of persuasion.
As added by P.L.3-2015, SEC.1.
IC 34-13-9-5
"Exercise of religion"
Sec. 5. As used in this chapter, "exercise of religion" includes any
exercise of religion, whether or not compelled by, or central to, a
system of religious belief.
As added by P.L.3-2015, SEC.1.
IC 34-13-9-6
"Governmental entity"
Sec. 6. As used in this chapter, "governmental entity" includes the
whole or any part of a branch, department, agency, instrumentality,
official, or other individual or entity acting under color of law of any
of the following:
(1) State government.
(2) A political subdivision (as defined in IC 36-1-2-13).
(3) An instrumentality of a governmental entity described in
subdivision (1) or (2), including a state educational institution,
a body politic, a body corporate and politic, or any other similar
entity established by law.
As added by P.L.3-2015, SEC.1.
IC 34-13-9-7
"Person"
Sec. 7. As used in this chapter, "person" includes the following:
(1) An individual.
(2) An organization, a religious society, a church, a body of
communicants, or a group organized and operated primarily for
religious purposes.
(3) A partnership, a limited liability company, a corporation, a
company, a firm, a society, a joint-stock company, an
Indiana Code 2016
unincorporated association, or another entity that:
(A) may sue and be sued; and
(B) exercises practices that are compelled or limited by a
system of religious belief held by:
(i) an individual; or
(ii) the individuals;
who have control and substantial ownership of the entity,
regardless of whether the entity is organized and operated for
profit or nonprofit purposes.
As added by P.L.3-2015, SEC.1.
IC 34-13-9-7.5
"Provider"
Sec. 7.5. As used in this chapter, "provider" means one (1) or
more individuals, partnerships, associations, organizations, limited
liability companies, corporations, and other organized groups of
persons. The term does not include:
(1) A church or other nonprofit religious organization or
society, including an affiliated school, that is exempt from
federal income taxation under 26 U.S.C. 501(a), as amended
(excluding any activity that generates unrelated business taxable
income (as defined in 26 U.S.C. 512, as amended)).
(2) A rabbi, priest, preacher, minister, pastor, or designee of a
church or other nonprofit religious organization or society when
the individual is engaged in a religious or affiliated educational
function of the church or other nonprofit religious organization
or society.
As added by P.L.4-2015, SEC.2.
IC 34-13-9-8
Exercise of religion
Sec. 8. (a) Except as provided in subsection (b), a governmental
entity may not substantially burden a person's exercise of religion,
even if the burden results from a rule of general applicability.
(b) A governmental entity may substantially burden a person's
exercise of religion only if the governmental entity demonstrates that
application of the burden to the person:
(1) is in furtherance of a compelling governmental interest; and
(2) is the least restrictive means of furthering that compelling
governmental interest.
As added by P.L.3-2015, SEC.1.
IC 34-13-9-9
Violations
Sec. 9. A person whose exercise of religion has been substantially
burdened, or is likely to be substantially burdened, by a violation of
this chapter may assert the violation or impending violation as a
claim or defense in a judicial or administrative proceeding,
Indiana Code 2016
regardless of whether the state or any other governmental entity is a
party to the proceeding. If the relevant governmental entity is not a
party to the proceeding, the governmental entity has an unconditional
right to intervene in order to respond to the person's invocation of
this chapter.
As added by P.L.3-2015, SEC.1.
IC 34-13-9-10
Defense; relief; awarding of costs
Sec. 10. (a) If a court or other tribunal in which a violation of this
chapter is asserted in conformity with section 9 of this chapter
determines that:
(1) the person's exercise of religion has been substantially
burdened, or is likely to be substantially burdened; and
(2) the governmental entity imposing the burden has not
demonstrated that application of the burden to the person:
(A) is in furtherance of a compelling governmental interest;
and
(B) is the least restrictive means of furthering that
compelling governmental interest;
the court or other tribunal shall allow a defense against any party and
shall grant appropriate relief against the governmental entity.
(b) Relief against the governmental entity may include any of the
following:
(1) Declaratory relief or an injunction or mandate that prevents,
restrains, corrects, or abates the violation of this chapter.
(2) Compensatory damages.
(c) In the appropriate case, the court or other tribunal also may
award all or part of the costs of litigation, including reasonable
attorney's fees, to a person that prevails against the governmental
entity under this chapter.
As added by P.L.3-2015, SEC.1.
IC 34-13-9-11
Private causes of action
Sec. 11. This chapter is not intended to, and shall not be construed
or interpreted to, create a claim or private cause of action against any
private employer by any applicant, employee, or former employee.
As added by P.L.3-2015, SEC.1.
Indiana Code 2016
]]>
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
