§ 10-14-3-12.5 — No restrictions may be imposed on a religious organization that are more restrictive than those imposed on other essential service providers

Indiana § 10-14-3-12.5

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 14: EMERGENCY MANAGEMENT
• Ch. 3: Emergency Management and Disaster Law

Text

5. (a) The following definitions apply
throughout this section:
(1) "Disaster emergency" means:
(A) a state or local disaster emergency declared under IC 10-14-3; and
(B) an epidemic described in IC 16-19-3-10.
(2) "Religious organization" means an organization, a religious
society, a church or other house of worship, a body of
communicants, an educational institution, or a group organized
and operated for religious purposes, regardless of whether it is
integrated or affiliated with a church or other house of worship.
The term includes an officer, owner, employee, manager,
religious leader, clergy, or minister of an organization described
in this subdivision.
(3) "Religious service" means a meeting, a gathering, or an
assembly of two (2) or more persons organized by a religious
organization for the purpose of worship, teaching, training,
providing educational services, conducting religious rituals, or
other activities undertaken by the religious organization for the
exercise of religion.
(b) Religious organizations provide essential services that are
necessary for the health and welfare of the public during a disaster
emergency. Subject to section 12.7 of this chapter, the state and a
political subdivision may not impose restrictions on:
(1) the operation of a religious organization; or
(2) religious services;
that are more restrictive than the restrictions imposed on other
businesses and organizations that provide essential services to the
public.
(c) This section does not prohibit the state or a political subdivision
from requiring a religious organization to comply with a generally
applicable health, safety, or occupancy requirement that is neutral
towards religious organizations and equally applicable to any
organization or business that provides essential services. However, the
state or political subdivision may not enforce any health, safety, or
occupancy requirement that imposes a substantial burden on a religious
service unless the state or political subdivision demonstrates that
applying the burden to the religious service in this particular instance
is essential to further a compelling governmental interest and is the
least restrictive means of furthering that compelling governmental
interest.
(d) A person may assert a violation of this section as a claim against
the state or a political subdivision in any judicial or administrative
proceeding, or as a defense in any judicial or administrative
proceeding, without regard to whether the proceeding is brought by or
in the name of the state, political subdivision, or any other party.

Legislative History

As added by P.L.99-2021, SEC.3.