Louisiana § 13:5232 Legislative findings

Louisiana Statutes

§ 13:5232 — Legislative findings

Louisiana·Title 13 Courts and Judicial Procedure

§5232. Legislative findings The legislature finds and declares that:

(1)The free exercise of religion is a fundamental right of the highest order in this state.

(2)In 1974, this legislature and the people of Louisiana chose to adopt the exact language found in the First Amendment of the Constitution of the United States of America regarding religious free exercise as Article 1, Section 8 of the Constitution of Louisiana.

(3)At the time of adoption of Article 1, Section 8 of the Constitution of Louisiana, the United States Supreme Court interpreted the First Amendment of the Constitution of the United States of America to provide the same level of protection for an action of the government that explicitly burdened religious exercise as for an action that indirectly burdened religious exe

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§5232. Legislative findings
The legislature finds and declares that:
(1) The free exercise of religion is a fundamental right of the highest order in this
state.
(2) In 1974, this legislature and the people of Louisiana chose to adopt the exact
language found in the First Amendment of the Constitution of the United States of America
regarding religious free exercise as Article 1, Section 8 of the Constitution of Louisiana.
(3) At the time of adoption of Article 1, Section 8 of the Constitution of Louisiana,
the United States Supreme Court interpreted the First Amendment of the Constitution of the
United States of America to provide the same level of protection for an action of the
government that explicitly burdened religious exercise as for an action that indirectly
burdened religious exercise through its effect. In both instances, the government had to show
that it had a compelling interest in taking a particular action and that it was taking the action
in a way that was least restrictive of a person's right to freely exercise his religious beliefs.
This rule was set forth in the case of Sherbert v. Verner , 374 U.S. 398 (1963), among other
cases.
(4) It was the intent of the legislature and the people of Louisiana in 1974 to provide
that level of protection to its citizens.
(5) In 1990, the United States Supreme Court, in Employment Division v. Smith , 494
U.S. 872 (1990), reduced the protection available to persons in the exercise of their religious
beliefs where a law was facially neutral or generally applicable by holding that the
government need only give a rational basis for the action and need not supply the least
restrictive means to achieve its goal.
(6) The courts of Louisiana have not adopted the standard set forth in Employment
Division v. Smith . It was and continues to be the intent of this state that the protections
afforded by the Sherbert case apply in Louisiana.
(7) In 2023, the legislature and the people of Louisiana adopted Article XII, Section
17 of the Constitution of Louisiana which provides for the freedom of worship in churches
or other places of worship.