Thursday, April 11, 2013

Kansas Governor Signs Preservation of Religious Freedom Act

Yesterday, Kansas governor Sam Brownback signed HB 2203, the Preservation of Religious Freedom Act (full text). The new law provides in part:
Government shall not substantially burden a person’s civil right to exercise of religion even if the burden results from a rule of general applicability, unless such government demonstrates, by clear and convincing evidence, 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....
Section 4 of the new law, however, limits its application in a number of ways.  Among other things, it does not apply to suits challenging prison or jail rules or conditions. It also does not authorize the application or enforcement in Kansas courts "of any law, rule, code or legal system other than the laws of the state of Kansas and of the United States." AP has further background on the law.