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Regular Session, 2010 ENROLLED
SENATE BILL NO. 606
BY SENATORS MARTINY, ALARIO, AMEDEE, APPEL, BROOME, CHEEK,
CROWE, DONAHUE, DUPLESSIS, ERDEY, N. GAUTREAUX,
GUILLORY, HEBERT, KOSTELKA, LONG, MICHOT, MOUNT,
QUINN, RISER, SHAW, SMITH, THOMPSON AND WALSWORTH
AND REPRESENTATIV ES BALDONE, BARROW, BURFORD,
HENRY BURNS, TIM BURNS, CHAMPAGNE, CHANDLER,
CROMER, GREENE, GUILLORY, GUINN, HARDY, HARRISON,
HAZEL, HENRY, HILL, HINES, HOFFMANN, HONORE, HOWARD,
LABRUZZO, LAMBERT, LIGI, LITTLE, LOPINTO, LORUSSO,
MONICA, PEARSON, PERRY, PONTI, POPE, PUGH, RICHARD,
RICHARDSON, SCHRODER, SIMON, SMILEY, JANE SMITH,
TALBOT, THIERRY, WHITE, WILLIAMS, WILLMOTT AND
WOOTON
AN ACT1
To enact Part XIX of Chapter 32 of Title 13 of the Louisiana Revised Statutes of 1950, to2
be comprised of R.S. 13:5230 through 5241, relative to religious freedoms; to create3
a cause of action for the preservation of religious freedom; to provide for definitions;4
to provide for applicability; to provide for remedies; to require notice; to provide for5
remediation; to provide certain limitations and procedures; to provide relative to6
fraudulent or frivolous claims; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Part XIX of Chapter 32 of Title 13 of the Louisiana Revised Statutes of9
1950, comprised of R.S. 13:5230 through 5241, is hereby enacted to read as follows: 10
PART XIX. PRESERVATION OF RELIGIOUS FREEDOM ACT11
§5230. Short title12
This part shall be known as and may be cited as the "Preservation of13
Religious Freedom Act".14
§5231. Legislative findings15
The legislature finds and declares that:16
A. Free exercise of religion is a fundamental right of the highest order17
in this state.18
B. In 1974, this legislature and the people of Louisiana chose to adopt19
the exact language found in the First Amendment of the Constitution of the20 SB NO. 606 ENROLLED
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United States of America regarding religious free exercise as Article 1, Section1
8 of the Constitution of Louisiana.2
C. At the time of adoption of Article 1, Section 8 of the Constitution of3
Louisiana, the United States Supreme Court interpreted the First Amendment4
of the Constitution of the United States of America to provide the same level of5
protection for an action of the government that explicitly burdened religious6
exercise as for an action that indirectly burdened religious exercise through its7
effect. In both instances, the government had to show that it had a compelling8
interest in taking a particular action and that it was taking the action in a way9
that was least restrictive of a person's right to freely exercise his religious10
beliefs. This rule was set forth in the case of Sherbert v. Verner, 374 U.S. 39811
(1963), among other cases.12
D. It was the intent of the legislature and the people of Louisiana in 197413
to provide that level of protection to its citizens.14
E. In 1990, the United States Supreme Court, in Employment Division15
v. Smith, 494 U.S. 872 (1990), reduced the protection available to persons in the16
exercise of their religious beliefs where a law was facially neutral or generally17
applicable by holding that the government need only give a rational basis for the18
action and need not supply the least restrictive means to achieve its goal.19
F. The courts of Louisiana have not adopted the standard set forth in20
Employment Division v. Smith. It was and continues to be the intent of this state21
that the protections afforded by the Sherbert case apply in Louisiana.22
§5232. Free exercise of religion protected23
Government shall not substantially burden a person's exercise of24
religion, even if the burden results from a facially neutral rule or a rule of25
general applicability, unless it demonstrates that application of the burden to26
the person is both:27
(1) In furtherance of a compelling governmental interest.28
(2) The least restrictive means of furthering that compelling29
governmental interest.30 SB NO. 606 ENROLLED
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§5233. Definitions1
In this Part, unless the context otherwise requires:2
(1) "A person" includes an individual and also includes a church,3
association of churches or other religious order, body or institution which4
qualifies for exemption from taxation under Section 501(c)(3) or (d) of the5
Internal Revenue Code of 1986 (Public law 99-514, 26 U.S.C. Section 501).6
(2) "Burden" means that the government, directly or indirectly, does7
any of the following:8
(a) Constrains or inhibits conduct or expression mandated by a person's9
sincerely held religious tenet or belief.10
(b) Significantly curtails a person's ability to express adherence to the11
person's religious faith.12
(c) Denies a person a reasonable opportunity to engage in activities13
which are fundamental to the person's religion.14
(d) Compels conduct or expression which violates a tenet or belief of a15
person's religious faith.16
(3) "Compelling state interest" includes the interest of the state to17
protect the best interest of a child and the health, safety, and welfare of a child.18
(4) "Demonstrates" means meeting the burdens of going forward with19
evidence and persuasion.20
(5) "Exercise of religion" means the practice or observance of religion21
under Article 1, Section 8, of the Constitution of Louisiana and the First22
Amendment of the Constitution of the United States of America and includes23
the ability to act or refuse to act in a manner substantially motivated by a24
sincerely-held religious belief, whether or not the exercise is compulsory or a25
central part or central requirement of the person's religious belief.26
(6) "Government" or "governmental agency" means any of the27
following:28
(a) Any board, commission, court, department, agency, special district,29
authority, or other entity of the state.30 SB NO. 606 ENROLLED
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(b) Any political subdivision of this state including any parish,1
municipality, special district, school board, sheriff, public board, institution,2
department, commission, district, corporation, agency, court, or authority.3
(c) Any other public or governmental body of any kind which is not a4
state agency.5
(d) Any official or other person acting under color of law.6
§5234. Exceptions7
A. Nothing in this Part shall be construed to allow any person to cause8
physical injury to another person.9
B. The standards of a compelling governmental interest, as set forth in10
R.S. 13:5232, shall be satisfied by any penological regulation or rule which is11
established by a jail or correctional facility to protect the safety and security of12
incarcerated persons, or staff of, or visitors to the jail or correctional facility,13
or to maintain order or discipline in the jail or correctional facility.14
C. Nothing in this Part shall be construed to authorize any relationship,15
marital or otherwise, that would violate Article XII, Section 15 of the16
Constitution of Louisiana.17
D. Nothing in this Part shall be construed to authorize the enforcement18
of any law, rule, or legal code or system established and used or applied in a19
jurisdiction outside of the states or territories of the United States.20
§5235. Applicability21
A. This Part applies to all state laws and local ordinances and the22
implementation of those laws and ordinances, whether statutory or otherwise23
and whether enacted or adopted before, on or after the effective date of this24
Part.25
B. Nothing in this Part shall create or preclude a right of any religious26
organization to receive funding or other assistance from a government, or of27
any person to receive government funding for a religious activity.28
§5236. Remedies29
Subject to the provisions of R.S. 13:5239(C), a person whose religious30 SB NO. 606 ENROLLED
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exercise is being, has been, or is likely to be burdened in violation of this Part1
may assert that violation as a claim or defense in a judicial proceeding and2
obtain appropriate relief, not to include punitive or exemplary damages,3
without regard to whether the proceeding is brought in the name of the state or4
by any other person, including but not limited to:5
(1) Injunctive relief, protective order, writ of mandamus or prohibition,6
or declaratory relief to prevent any violation of these provisions.7
(2) The actual damages, reasonable attorney fees, and costs.8
§5237. Notice9
A. A person shall not bring an action in court to assert a claim under10
this Part unless, at least thirty days prior to bringing the action, the person gives11
written notice to the person burdening their free exercise, and any12
governmental agency authorizing such act, by certified mail, return receipt13
requested, informing the person and the agency of all of the following:14
(1) The person's free exercise of religion is being, has been, or is about15
to be substantially burdened by an exercise of the authority of the governmental16
agency.17
(2) A description of the act or refusal to act which is burdening, has18
burdened or is about to burden the person's free exercise of religion.19
(3) The manner in which the exercise of the governmental authority20
burdens the person's free exercise of religion.21
B. Notwithstanding the requirements of Subsection A of this Section, a22
person may bring an action in court without providing the notice required by23
Subsection A of this Section if any of the following occur:24
(1) The exercise of governmental authority which threatens to25
substantially burden the person's free exercise of religion is imminent.26
(2) The person was not informed and did not otherwise have knowledge27
of the exercise of the governmental authority in time to reasonably provide28
notice.29
(3) The provision of the notice would delay an action to the extent that30 SB NO. 606 ENROLLED
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the action would be dismissed as untimely.1
(4) The claim is asserted as a counterclaim, objection, or defense in a2
pending proceeding.3
§5238. Remediation4
Prior to the expiration of the thirty-day period referred to in R.S.5
13:5237, an agency which receives notice in accordance with R.S. 13:5237 may6
remedy the substantial burden on the person's free exercise of religion. A7
person with respect to whom a substantial burden on the person's free exercise8
of religion has been cured may not bring an action under this Section or shall9
dismiss such action if it is already pending.10
§5239. Limitations and procedures11
A. Except as stated in Subsection B of this Section, and except as to12
objections, protective orders or writs of mandamus or prohibition, the13
provisions of the Louisiana Governmental Claims Act, R.S. 13:5101 through 14
5108, as applicable, shall apply to an action under this Act.15
B. A person shall bring an action to assert a claim for damages under16
this Part not later than one year after the date the person knew or should have17
known of the substantial burden on the person's free exercise of religion.18
Mailing notice under R.S. 13:5237 shall toll the one-year period until the19
seventy-fifth day after the date on which the notice is mailed.20
C. Notwithstanding any other provision of law to the contrary, including21
R.S. 13:5237 and 5238, the provisions of the Corrections Administrative22
Remedy Procedure, as provided in R.S. 15:1171 through 1179, and the Prison23
Litigation Reform Act, as provided in R.S. 15:1181 through 1191, as applicable,24
shall apply to any action under this Act.25
§5240. Fraudulent or frivolous claims26
A. Any person found by a court of competent jurisdiction to have27
abused the protection of this Part by filing a frivolous or fraudulent claim may28
be assessed the court costs of the governmental entity and may be enjoined from29
filing further claims under this Part without leave of the court.30 SB NO. 606 ENROLLED
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B. A "fraudulent claim" means a claim that is dishonest in fact or that1
is made principally for a patently improper purpose, such as to harass the2
opposing party.3
C. A "frivolous claim" means a claim which lacks merit under existing4
law and which cannot be supported by a good faith argument for the extension,5
modification, or reversal of existing law.6
§5241. Construction of Part7
A. The protections of this Part are in addition to the protections granted8
by federal law and the state and federal constitutions.9
B. This Part shall not affect the grant of benefits or tax exemptions to10
religious organizations.11
C. This Part shall not affect, interpret, or in any way address that12
portion of the First Amendment to the Constitution of the United States of13
America or Article 1, Section 8 of the Constitution of Louisiana that prohibits14
laws respecting the establishment of religion.15
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: