Lets look at what Indiana's Act allows for;
https://iga.in.gov/legislative/2015/bills/senate/568#digest-heading
"Religious freedom restoration act. Provides that a state or local government action may not substantially burden a person's right to the exercise of religion unless it is demonstrated that applying the burden to the person's exercise of religion is: (1) essential to further a compelling governmental interest; and (2) the least restrictive means of furthering the compelling governmental interest. Provides that a person whose exercise of religion has been substantially burdened, or is likely to be substantially burdened, by a state or local government action may assert the burden as a claim or defense in a judicial proceeding, regardless of whether the state or a political subdivision of the state is a party to the judicial proceeding. Allows a person who asserts a burden as a claim or defense to obtain appropriate relief, including: (1) injunctive relief; (2) declaratory relief; (3) compensatory damages; and (4) recovery of court costs and reasonable attorney's fees."
If you read this you will find that it is very similar to the federal act of 1993, passed by a unanimous U.S. House and a near unanimous U.S. Senate with three dissenting votes and was signed into law by President Bill Clinton.
From a site that is not friendly to RFR Acts;
Conneticut; "The state or any political subdivision of the state may burden a person’s exercise of religion only if it demonstrates that application of the burden to the person (1) is in furtherance of a compelling governmental interest, and (2) is the least restrictive means of furthering that compelling governmental interest."
http://rfraperils.com/connecticut/
Rhode Island; "(a) Except as provided for in subsection (b), a governmental authority may not restrict a person’s free exercise of religion.
(b) A governmental authority may restrict a person’s free exercise of religion only if:
(1) The restriction is in the form of a rule of general applicability, and does not intentionally discriminate against religion, or among religions; and
(2) The governmental authority proves that application of the restriction to the person is essential to further a compelling governmental interest, and is the least restrictive means of furthering that compelling governmental interest."
http://rfraperils.com/rhode-island/
Illinois; "Sec. 10. Findings and purposes. (a) The General Assembly finds the following:
(1) The free exercise of religion is an inherent, fundamental, and inalienable right secured by Article I, Section 3 of the Constitution of the State of Illinois.
(2) Laws “neutral” toward religion, as well as laws intended to interfere with the exercise of religion, may burden the exercise of religion.
(3) Government should not substantially burden the exercise of religion without compelling justification.
(4) In Employment Division v. Smith, 494 U.S. 872 (1990) the Supreme Court virtually eliminated the requirement under the First Amendment to the United States Constitutionthat government justify burdens on the exercise of religion imposed by laws neutral toward religion.
(5) In City of Boerne v. P.F. Flores, 65
LW 4612 (1997) the Supreme Court held that an Act passed by Congress to address the matter of burdens placed on the exercise of religion infringed on the legislative powers reserved to the states under the Constitution of the United States.
(6) The compelling interest test, as set forth in Wisconsin v. Yoder, 406 U.S. 205 (1972),and Sherbert v. Verner, 374 U.S. 398 (1963), is a workable test for striking sensible balances between religious liberty and competing governmental interests.
(b) The purposes of this Act are as follows:
(1) To restore the compelling interest test as set forth in Wisconsin v. Yoder, 406 U.S. 205 (1972), and Sherbert v. Verner, 374 U.S. 398 (1963), and to guarantee that a test of compelling governmental interest will be imposed on all State and local (including home rule unit) laws, ordinances, policies, procedures, practices, and governmental actions in all cases in which the free exercise of religion is substantially burdened.
(2) To provide a claim or defense to persons whose exercise of religion is substantially burdened by government"
So, very close in scope and intent to the federal law
http://rfraperils.com/illinois/
Florida; "(1) The government shall not substantially burden a person’s exercise of religion, even if the burden results from a rule of general applicability, except that government may substantially burden a person’s exercise of religion only if it demonstrates 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.
http://rfraperils.com/florida/
Alabama; "AMENDMENT 622 RATIFIED: Alabama Religious Freedom Amendment.
SECTION I. The amendment shall be known as and may be cited as the Alabama Religious Freedom Amendment.
SECTION II. The Legislature makes the following findings concerning religious freedom:
(1) The framers of the United States Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution, and the framers of the Constitution of Alabama of 1901, also recognizing this right, secured the protection of religious freedom in Article I, Section 3.
(2) Federal and state laws “neutral” toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise.
(3) Governments should not burden religious exercise without compelling justification.
(4) In Employment Division v. Smith, 494 U.S. 872 (1990), the United States Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion.
(5) The compelling interest test as set forth in prior court rulings is a workable test for striking sensible balances between religious liberty and competing governmental interests in areas ranging from public education (pedagogical interests and religious rights, including recognizing regulations necessary to alleviate interference with the educational process versus rights of religious freedom) to national defense (conscription and conscientious objection, including the need to raise an army versus rights to object to individual participation), and other areas of important mutual concern.
(6) Congress passed the Religious Freedom Restoration Act, 42 U.S.C., § 2000bb, to establish the compelling interest test set forth in prior federal court rulings, but in City of Boerne v. Flores, 117 S.Ct. 2157 (1997), the United States Supreme Court held the act unconstitutional stating that the right to regulate was retained by the states.
SECTION III. The purpose of the Alabama Religious Freedom Amendment is to guarantee that the freedom of religion is not burdened by state and local law; and to provide a claim or defense to persons whose religious freedom is burdened by government.
SECTION IV. As used in this amendment, the following words shall have the following meanings:
(1) DEMONSTRATES. Meets the burdens of going forward with the evidence and of persuasion.
(2) FREEDOM OF RELIGION. The free exercise of religion under Article I, Section 3, of the Constitution of Alabama of 1901.
(3) GOVERNMENT. Any branch, department, agency, instrumentality, and official (or other person acting under the color of law) of the State of Alabama, any political subdivision of a state, municipality, or other local government.
(4) RULE. Any government statute, regulation, ordinance, administrative provision, ruling guideline, requirement, or any statement of law whatever.
SECTION V. (a) Government shall not burden a person’s freedom of religion even if the burden results from a rule of general applicability, except as provided in subsection (b).
(b) Government may burden a person’s freedom of religion only if it demonstrates that application of the burden to the person:
(1) Is in furtherance of a compelling governmental interest; and
(2) Is the least restrictive means of furthering that compelling governmental interest.
(c) A person whose religious freedom has been burdened in violation of this section may assert that violation as a claim or defense in a judicial, administrative, or other proceeding and obtain appropriate relief against a government."
http://rfraperils.com/alabama/
Arizona; "A. Free exercise of religion is a fundamental right that applies in this state even if laws, rules or other government actions are facially neutral.
B. Except as provided in subsection C, government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.
C. Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person is both:
1. In furtherance of a compelling governmental interest.
2. The least restrictive means of furthering that compelling governmental interest."
http://rfraperils.com/arizona/
South Carolina; "§ 1-32-30. PURPOSES OF CHAPTER.
The purposes of this chapter are to:
(1) restore the compelling interest test as set forth in Wisconsin v. Yoder, 406 U.S. 205 (1972), and Sherbert v. Verner, 374 U.S. 398 (1963), and to guarantee that a test of compelling state interest will be imposed on all state and local laws and ordinances in all cases in which the free exercise of religion is substantially burdened; and
(2) provide a claim or defense to persons whose exercise of religion is substantially burdened by the State.
§ 1-32-40. RESTRICTION ON STATE’S ABILITY
TO BURDEN EXERCISE OF RELIGION.
The State may not substantially burden a person’s exercise of religion, even if the burden results from a rule of general applicability, unless the State demonstrates that application of the burden to the person is:
(1) in furtherance of a compelling state interest; and
(2) the least restrictive means of furthering that compelling state interest."
http://rfraperils.com/south-carolina/
Texas; "Sec. 110.003. RELIGIOUS FREEDOM PROTECTED. (a) Subject to Subsection (b), a government agency may not substantially burden a person’s free exercise of religion.
(b) Subsection (a) does not apply if the government agency demonstrates that the application of the burden to the person:
(1) is in furtherance of a compelling governmental interest; and
(2) is the least restrictive means of furthering that interest.
(c) A government agency that makes the demonstration required by Subsection (b) is not required to separately prove that the remedy and penalty provisions of the law, ordinance, rule, order, decision, practice, or other exercise of governmental authority that imposes the substantial burden are the least restrictive means to ensure compliance or to punish the failure to comply."
http://rfraperils.com/texas/
Idaho; "(1) Free exercise of religion is a fundamental right that applies in this state, even if laws, rules or other government actions are facially neutral.
(2) Except as provided in subsection (3) of this section, government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.
(3) Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person is both:
(a) Essential to further a compelling governmental interest;
(b) The least restrictive means of furthering that compelling governmental interest.
(4) A person whose religious exercise is burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. A party who prevails in any action to enforce this chapter against a government shall recover attorney’s fees and costs.
(5) In this section, the term “substantially burden” is intended solely to ensure that this chapter is not triggered by trivial, technical or
de minimis infractions."
http://rfraperils.com/idaho/
New Mexico; "A government agency shall not restrict a person’s free exercise of religion unless:
A. the restriction is in the form of a rule of general applicability and does not directly discriminate against religion or among religions; and
B. the application of the restriction to the person is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest."
http://rfraperils.com/new-mexico/
Oklahoma; "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."
http://rfraperils.com/oklahoma/
Pennsylvania; "(a) GENERAL RULE.– Except as provided in subsection (b), an agency shall not substantially burden a person’s free exercise of religion, including any burden which results from a rule of general applicability.
(b) EXCEPTIONS.– An agency may substantially burden a person’s free exercise of religion if the agency proves, by a preponderance of the evidence, that the burden is all of the following:
(1) In furtherance of a compelling interest of the agency.
(2) The least restrictive means of furthering the compelling interest."
http://rfraperils.com/pennsylvania/
Missouri; "1. A governmental authority may not restrict a person’s free exercise of religion, unless:
(1) The restriction is in the form of a rule of general applicability, and does not discriminate against religion, or among religions; and
(2) The governmental authority demonstrates that application of the restriction to the person is essential to further a compelling governmental interest, and is not unduly restrictive considering the relevant circumstances.
2. As used in this section, “exercise of religion” shall be defined as an act or refusal to act that is substantially motivated by religious belief, whether or not the religious exercise is compulsory or central to a larger system of religious belief.
3. As used in this section “demonstrates” means meets the burden of going forward with the evidence and of persuasion."
http://rfraperils.com/missouri/
Virginia; "A. As used in this section:
. . .
“Substantially burden” means to inhibit or curtail religiously motivated practice.
B. No government entity shall substantially burden a person’s free exercise of religion even if the burden results from a rule of general applicability unless it demonstrates that application of the burden to the person is (i) essential to further a compelling governmental interest and (ii) the least restrictive means of furthering that compelling governmental interest."
Read the definition of "substantial burden" in this law, it goes above and beyond protecting religious rights than many other similar pieces of legislation
http://rfraperils.com/virginia/
Utah; "(1) Except as provided in Subsection (2), a government entity may not impose or implement a land use regulation in a manner that imposes a substantial burden on a person’s free exercise of religion.
(2) A government entity may impose or implement a land use regulation in a manner that imposes a substantial burden on a person’s free exercise of religion if the government can establish that the imposition of the burden on that person:
(a) is in furtherance of a compelling governmental interest; and
(b) is the least restrictive means of furthering that compelling governmental interest.
(3) A government entity that meets the requirements of Subsection (2) need not separately prove that the remedy and penalty provisions of the land use regulation are the least restrictive means to ensure compliance or to punish the failure to comply."
http://rfraperils.com/utah/
Tennessee; "(c) No government 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."
http://rfraperils.com/tennessee/
Louisiana; "Government shall not substantially burden a person’s exercise of religion, even if the burden results from a facially neutral rule or a rule of general applicability, unless it demonstrates that application of the burden to the person is both:
(1) In furtherance of a compelling governmental interest.
(2) The least restrictive means of furthering that compelling governmental interest."
http://rfraperils.com/louisiana/
Kentucky; "Government shall not substantially burden a person’s freedom of religion. The right to act or refuse to act in a manner motivated by a sincerely held religious belief may not be substantially burdened unless the government proves by clear and convincing evidence that it has a compelling governmental interest in infringing the specific act or refusal to act and has used the least restrictive means to further that interest. A “burden” shall include indirect burdens such as withholding benefits, assessing penalties, or an exclusion from programs or access to facilities."
http://rfraperils.com/kentucky/
So, in looking at these laws I believe we can all see the similarities between each them (that is not to say they are identical), and also between the 1993 federal legislation.
Automatically Appended Next Post:
SilverMK2 wrote:Even if that were the case, tactics like this have been used in both this any many other instances and topics. The original post (from memory) conflated same and similar, regardless of later clarifying posts, and the original graphic itself, regardless of accompanying text, is misleading.
Then you are at liberty to take it up with those individuals, and not ascribe their behaviour to me when I have not only been sufficiently clear in my initial posts, but also acted in good faith to help you better understand what I was saying. My initial post with the graphic said "similar". The graphic itself showed which other states had RFRA legislation or laws, it did not claim that they were the same.