§ 16-123-404 — Free exercise of religion protected

(a) A government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, unless it is demonstrated that application of the burden to the person in this particular instance is: (1) Essential to further 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, or will be burdened, in violation of this section may assert that violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the government is a party to the proceeding, and obtain appropriate relief against a government, including declaratory relief, injunctive relief, compensatory damages, and reasonable attorney's fees and costs. (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. (c) An action under this subchapter may be commenced and relief may be granted without regard to whether the person commencing the action has sought or exhausted all available administrative remedies.

Legislative History

Amended by Act 2023, No. 733,§ 3, eff. 8/1/2023. Added by Act 2015, No. 975,§ 1, eff. 4/2/2015.