Religious Freedom, Before and After | Jackson Free Press | Jackson, MS

Religious Freedom, Before and After

Excerpt from initially proposed Mississippi Religious Freedom Restoration Act (2014):

State action or an action by any person based on state action shall not burden a person's right to exercise of religion, even if the burden results from a rule of general applicability, unless it is demonstrated that applying the burden to that person's exercise of religion in that particular instance is both of the following:

(i) Essential to further a compelling governmental interest;

(ii) The least restrictive means of furthering that compelling governmental interest.

Excerpt from reworked bill, as signed:

Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in paragraph (b) of this subsection.

(b) Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person:

(i) Is in furtherance of a compelling governmental interest; and

(ii) Is the least restrictive means of furthering that compelling governmental interest.

Excerpt from Federal Religious Freedom Restoration Act (1993), as signed:

(a) IN GENERAL.—Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b)

(b) EXCEPTION.—Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person—

a. in furtherance of a compelling governmental interest; and

b. is the least restrictive means of furthering that compelling governmental interest.

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