60-5303. Exercise of religion; burden of proof; remedies.

183 words·~1 min read·/ks/chapter-60/60-5303

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)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.

(b)A person whose exercise of religion has been burdened, or is substantially likely to be burdened, in violation of this act, may assert such violation as a claim or defense in a judicial proceeding. A court may grant appropriate relief as may be necessary including:

(1)Injunctive relief;

(2)protective order;

(3)writ of mandamus or prohibition;

(4)declaratory relief;

(5)actual damages; or

(6)costs and attorney fees determined by the court.

(c)Any person found by a court of competent jurisdiction to have abused the protection of this act by making a fraudulent claim may be enjoined from filing further claims under this act without leave of court.