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T.
C. A. § 4-21-1101
Tennessee
Religious Freedom Amendment
West's
Tennessee Code Annotated Currentness
Title
4. State Government
Chapter 21. Human Rights (Refs & Annos)
Part 11. Religious Freedom
§ 4-21-1101. Free exercise of religion; burden by government
entity (Unofficial classification editorially supplied by
West)
(a)
As used in this part, unless the context otherwise requires:
(1)
"Demonstrates" means meets the burdens of going forward
with the evidence and of persuasion under the standard
of clear and convincing evidence;
(2)
"Exercise of religion" means the exercise of religion
under Article I, Section 3 of the Constitution of Tennessee
and the First Amendment to the United States Constitution;
(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 that completely lacks
merit under existing law and cannot be supported by a
good faith argument for the extension, modification, or
reversal of existing law or the establishment of new law;
(5)
"Government entity" means any branch, department, agency,
commission, or instrumentality of state government, any
official or other person acting under color of state law,
or any political subdivision of the 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.
(b)
Except as provided in subsection
(c), no government entity shall substantially burden a person's
free exercise of religion even if the burden results from
a rule of general applicability.
(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.
(d)(1)
Nothing in this act shall be construed to:
(A)
Authorize any government entity to burden any religious
belief; or
(B)
Affect, interpret or in any way address those portions
of Article I, Section 3 of the Constitution of Tennessee
and the First Amendment to the United States Constitution
that prohibit laws respecting the establishment of religion.
(2)
Nothing in this act shall create or preclude a right of
any religious organization to receive funding or other
assistance from a government, or of any person to receive
government funding for a religious activity.
(e)
A person whose religious exercise has been burdened by government
in violation of this act may assert that violation as a
claim or defense in any judicial or administrative proceeding
and may obtain such declaratory relief, monetary damages
as may properly be awarded by a court of competent jurisdiction,
or both declaratory relief and monetary damages. A person
who prevails in any proceeding to enforce this act against
a government entity may recover the person's reasonable
costs and attorney's fees. Standing to assert a claim or
defense under this act shall be governed by general rules
of law which establish standing. The provisions of this
subsection relating to attorney's fees shall not apply to
criminal prosecutions.
(f)
Any person found by a court with jurisdiction over the action
to have abused the protections of this act by filing a frivolous
or fraudulent claim may be assessed the government entity's
court costs, if any, and may be enjoined from filing further
claims under this act without leave of court.
CREDIT(S)
2009 Pub.Acts, c. 573, § 1,
eff. July 1, 2009.
T. C. A. § 4-21-1101, TN ST § 4-21-1101
T. C. A. § 4-21-1101
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