§ 34-13-9-10 — Defense; relief; awarding of costs

Indiana § 34-13-9-10

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 13: CAUSES OF ACTION: CLAIMS AGAINST THE
• Ch. 9: Religious Freedom Restoration

Text

(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.

Legislative History

As added by P.L.3-2015, SEC.1.