First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0540.01 Esther van Mourik x4215HOUSE BILL 15-1171 HOUSE SPONSORSHIP Neville P. and Humphrey, Van Winkle, Joshi, Windholz, Carver, Everett, Lundeen, Saine, Klingenschmitt, Tate, Landgraf, Szabo, Becker J., Brown, Buck, Ransom SENATE SPONSORSHIP Neville T., Holbert, Cooke, Grantham, Woods, Lundberg, Hill, Baumgardner, Lambert, Marble, Roberts, Sonnenberg House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning a state freedom of conscience protection act. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill: Specifies that no state action may burden a person's exercise of religion, even if the burden results from a rule of general applicability, unless it is demonstrated that applying the burden to a person's exercise of religion is essential to further a compelling governmental interest and the least restrictive means of furthering that compelling governmental interest; Provides a claim or defense to a person whose exercise of religion is burdened by state action; and Specifies that nothing in the bill creates any rights by an employee against an employer unless the employer is a government employer. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Short title. This act shall be know and may be cited as the "Colorado Freedom of Conscience Protection Act". SECTION 2. In Colorado Revised Statutes, add part 10 to article 34 of title 24 as follows: PART 10 COLORADO FREEDOM OF CONSCIENCE PROTECTION ACT 24-34-1001. Legislative declaration. (1) The general assembly hereby finds: (a) The framers of the United States constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the first amendment to the constitution; (b) Laws neutral toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise; (c) Governments should not burden religious exercise without compelling justification; (d) In Employment Division v. Smith, 494 U.S. 872 (1990), the United States supreme court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion; and (e) The compelling interest test as set forth in prior federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests. (2) The general assembly hereby declares that the purposes of this part 10 are: (a) To restore the compelling interests test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972), and to guarantee its application in all cases where free exercise of religion is burdened; and (b) To provide a claim or defense to a person whose exercise of religion is burdened by state action. 24-34-1002. Definitions. As used in this part 10, unless the context otherwise requires: (1) "Burden" means any action that directly or indirectly constrains, inhibits, curtails, or denies the exercise of religion by any person or compels any action contrary to a person's exercise of religion, and includes, but is not limited to, withholding benefits; assessing criminal, civil, or administrative penalties; or excluding a person from governmental programs or access to governmental facilities. (2) "Compelling governmental interest" means a governmental interest of the highest magnitude that cannot otherwise be achieved without burdening the exercise of religion. (3) "Demonstrated" means meets the burdens of going forward with the evidence and of persuasion. (4) "Exercise of religion" means the practice or observance of religion. It includes, but is not limited to, the ability to act or refuse to act in a manner substantially motivated by a person's sincerely held religious beliefs, whether or not the exercise is compulsory or central to a larger system of religious belief. (5) "Government employer" means the state or any political subdivision thereof, and includes any employer that engages in state action. (6) "Person" means any individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity. (7) "State action" means the implementation or application of any law, including, but not limited to, state and local laws, ordinances, rules, regulations, and policies, whether statutory or otherwise, or other action by the state or any political subdivision thereof, other action by a local government, municipality, or instrumentality, or other action by a public official authorized by law. 24-34-1003. Free exercise of religion protected. (1) Notwithstanding part 1 and parts 3 to 8 of this article, no state action may burden a person's exercise of religion, even if the burden results from a rule of general applicability, unless it is demonstrated that applying the burden to a person's exercise of religion is: (a) Essential to further a compelling governmental interest; and (b) The least restrictive means of furthering that compelling governmental interest. (2) A person whose exercise of religion has been burdened, or is likely to be burdened, in violation of this part 10 may assert such violation or impending violation as a claim or defense in a judicial proceeding, regardless of whether the state or any political subdivision thereof, or local government, municipality, or instrumentality, is a party to the proceeding. The person asserting such a claim or defense may obtain appropriate relief, including relief against the state or any political subdivision thereof, or local government, municipality, or instrumentality. Appropriate relief includes, but is not limited to, injunctive relief, declaratory relief, compensatory damages, and costs and attorney fees. (3) Nothing in this part 10 creates any rights by an employee against an employer unless the employer is a government employer. SECTION 3. Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. SECTION 4. Applicability. This act applies to state actions occurring on or after the effective date of this act. SECTION 5. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.