senate Bill S883

2011-2012 Legislative Session

Enacts the religious freedom restoration act

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Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

Co-Sponsors

S883 - Details

Current Committee:
Law Section:
Civil Rights Law
Laws Affected:
Add ยง79-o, Civ Rts L
Versions Introduced in 2009-2010 Legislative Session:
S6869

S883 - Summary

Enacts the religious freedom restoration act; provides that government shall not substantially burden a person's exercise of religion by any act or failure to act; requires that religious rights may not be burdened by government absent compelling interest and requires that the application of any rule in furtherance of such compelling interest be performed the least restrictive manner.

S883 - Sponsor Memo

S883 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   883

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the civil rights law, in relation to enacting the  reli-
  gious freedom restoration act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The civil rights law is amended by  adding  a  new  section
79-o to read as follows:
  S  79-O.  RELIGIOUS FREEDOM RESTORATION ACT. 1. THE LEGISLATURE HEREBY
FINDS AND DECLARES THAT THE INALIENABLE RIGHT TO THE  FREE  EXERCISE  OF
RELIGION  IS SECURED BY THE NEW YORK STATE AND FEDERAL CONSTITUTIONS AND
MAY NOT BE BURDENED BY GOVERNMENT ABSENT COMPELLING INTEREST AND  JUSTI-
FICATION, AND THAT SUCH COMPELLING INTEREST MUST MEET THE TESTS OF BEING
MORE  THAN  ROUTINE, MUST RELATE DIRECTLY TO CORE CONSTITUTIONAL ISSUES,
AND MUST DO MORE THAN MERELY IMPROVE GOVERNMENT EFFICIENCY. THE LEGISLA-
TURE FURTHER FINDS IT TO BE IN EVERY SENSE IN  THE  PUBLIC  INTEREST  TO
REQUIRE,  AND  HEREBY  REQUIRES,  AS  A MATTER OF STATE POLICY, THAT THE
APPLICATION OF ANY RULE IN FURTHERANCE OF SUCH  COMPELLING  INTEREST  BE
PERFORMED IN THE LEAST RESTRICTIVE MANNER.
  THE  LEGISLATURE  DECLARES  THAT  THE  PURPOSES OF THIS SECTION ARE IN
EVERY SENSE IN THE PUBLIC INTEREST AND FOR THE BENEFIT OF THE PEOPLE  OF
THE  STATE OF NEW YORK, THOSE INTERESTS BEING: TO PROVIDE A STANDARDIZED
AND WORKABLE TEST FOR BALANCING RELIGIOUS LIBERTY AND GOVERNMENT  INTER-
ESTS;  TO GUARANTEE APPLICATION OF SUCH TEST IN ALL CASES WHERE EXERCISE
OF RELIGION IS SUBSTANTIALLY BURDENED; TO REQUIRE AS A MATTER  OF  STATE
POLICY  THAT  THE APPLICATION OF ANY RULE OR ACTION BY THE GOVERNMENT IN
ANY SUCH CASES BE EXECUTED IN THE LEAST RESTRICTIVE MANNER POSSIBLE; AND
TO PROVIDE A CLAIM OR DEFENSE TO PERSONS  WHOSE  RELIGIOUS  EXERCISE  IS
SUBSTANTIALLY BURDENED BY GOVERNMENT ACTIONS.
  2. AS USED IN THIS SECTION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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