(A) "Burden" means any action that directly or indirectly | 11 |
constrains, inhibits, curtails, or denies the exercise of religion | 12 |
by any person or compels any action contrary to a person's | 13 |
exercise of religion. "Burden" includes, but is not limited to, | 14 |
withholding benefits, assessing criminal, civil, or administrative | 15 |
penalties, or exclusion from governmental programs or access to | 16 |
governmental facilities. | 17 |
(D) "State action" means the implementation or application of | 27 |
any law, including, but not limited to, state and local laws, | 28 |
ordinances, rules, regulations, and policies, whether statutory or | 29 |
otherwise, or any other action by the state, a political | 30 |
subdivision of the state, an instrumentality of the state or | 31 |
political subdivision of the state, or a public official that is | 32 |
authorized by law in the state. | 33 |
(B) A person whose exercise of religion has been burdened or | 43 |
is likely to be burdened in violation of this section may assert | 44 |
that violation or impending violation as a claim or defense in a | 45 |
judicial proceeding, regardless of whether the state or a | 46 |
political subdivision of the state is a party to the proceeding. | 47 |
The person asserting that claim or defense may obtain appropriate | 48 |
relief, including relief against the state or a political | 49 |
subdivision of the state. Appropriate relief includes, but is not | 50 |
limited to, injunctive relief, declaratory relief, compensatory | 51 |
damages, and the recovery of costs and reasonable attorney's fees. | 52 |