|
OKLAHOMA
RELIGIOUS FREEDOM ACT
51
Okla. Stat. §251.
Short title.
This
Act may be cited as the "Oklahoma Religious Freedom
Act."
51
Okla. Stat. §252. Definitions.
In
this act:
1. "Demonstrates"
means the burdens of going forward with the evidence and
of persuasion under the standard of clear and convincing
evidence are met;
2. "Exercise
of religion" means the exercise of religion under Article
1, Section 2, of the constitution of the State of Oklahoma,
the Oklahoma Religious Freedom Act, and the First Amendment
to the Constitution of the United States;
3. "Fraudulent
claim" means a claim that is dishonest in fact or that
is made principally for a patently improper purpose, such
as to harass the opposing party;
4. "Frivolous
claim" means a claim which lacks merit under existing
law and which cannot be supported by a good faith argument
for the extension, modification, or reversal of existing
law or the establishment of new law;
5. "Governmental
entity" means any branch, department, agency, or instrumentality
of state government, or any official or other person acting
under color of state law, or any political subdivision
of this state;
6. "Prevails"
means to obtain prevailing party status as defined by
courts construing the federal Civil Rights Attorney's
Fees Awards Act of 1976, 42 U.S.C. § 1988, and
7. "Substantially
burden" means to inhibit or curtail religiously motivated
practice.
51 Okla. Stat. §253. Burden
upon free exercise of religion.
A. Except
as provided in subsection B of this section, no governmental
entity shall substantially burden a person's free exercise
of religion even if the burden results from a rule of
general applicability.
B. No
governmental entity shall substantially burden a person's
free exercise of religion unless it demonstrates that
application of the burden to the person is:
1. Essential
to further a compelling governmental interest; and
2 The
least restrictive means of furthering that compelling
governmental interest.
51 Okla. Stat. §254. Correctional
facility regulation - Compelling state interest.
A
state of local correctional facility's regulation must be
considered in furtherance of a compelling state interest
if the facility demonstrates that the religious activity:
1. Sought
to be engaged by a prisoner is presumptively dangerous
to the health of safety of that prisoner; or
2. Poses
a direct threat to the health, safety, or security of
other prisoners, correctional staff, or the public.
51 Okla. Stat. §255. Construction.
A. Nothing
in this act shall be construed to:
1. Authorize
any government entity to substantially burden any religious
belief;
2. Authorize
same sex marriages, unions, or the equivalent thereof;
or
3. Affect,
interpret, or in any way address those portions of Article
1, Section 2, and Article 2, Section 5, of the constitution
of the State of Oklahoma, the Oklahoma Religious Freedom
Act, or the First Amendment to the constitution of the
United States that prohibit laws respecting the establishment
of religion.
B. Granting
governmental funds, benefits, or exemptions to the extent
permissible under paragraph 3 of subsection A of this
section shall not constitute a violation of this section.
As used in this subsection, "granting government funds,
benefits, or exemptions" shall not include the denial
of government funding, benefits, or exemptions. this provision
does not in and of itself require vouchers.
51
Okla. Stat. §256. Remedies - Costs - Attorney Fees.
A. Any
person whose exercise of religion has been substantially
burdened by a governmental entity in violation of this
section may assert that violation as a claim or defense
in any judicial or administrative proceeding and may obtain
declaratory relief or monetary damages.
B. Any
person who prevails in any proceeding to enforce this
act against a governmental entity may recover reasonable
costs and attorney fees.
51 Okla.
Stat. §257. Frivolous
or fraudulent claims.
Any
person found by a court of competent jurisdiction to have
abused the protection of this act by filing a frivolous
or fraudulent claim may be assessed the court costs of the
governmental entity and may be enjoined from filing further
claims under this act without leave of court.
51 Okla. Stat. §258.
Governmental authority.
Notwithstanding
any provision of this act, a governmental entity has no
less authority to adopt or apply laws and regulations in
a nondiscriminatory manner concerning zoning, land use planning,
traffic management, urban nuisance, or historic preservation,
than the authority of the governmental entity that existed
under the laws prior to the passage of this act. This section
does not affect the authority of a governmental entity to
adopt or apply laws and regulations as that authority has
been interpreted by any court.
|
