76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3978
House Bill 3609
Sponsored by Representative LINDSAY
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Prohibits public body from burdening person's free exercise of
religion even if burden results from application of rule of
general applicability.
Allows public body to burden person's free exercise of religion
if public body demonstrates that application of burden is
essential to further compelling governmental interest and is
least restrictive means of furthering that compelling
governmental interest.
Prohibits public body from imposing or implementing land use
regulation in manner that imposes unreasonable burden on person's
exercise of religion, regardless of compelling governmental
interest. Specifies exemptions.
A BILL FOR AN ACT
Relating to the free exercise of religion.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 4 of this 2011 Act:
(1) 'Demonstrates' means meets the burden of going forward with
the evidence and of persuasion.
(2) 'Exercise of religion' means the ability to act or refusal
to act in a manner substantially motivated by a religious belief,
whether or not the exercise is compulsory or central to a larger
system of religious belief.
(3) 'Nonreligious assembly or institution' includes all
membership organizations, theaters, cultural centers, dance
halls, fraternal orders, amphitheaters and places of public
assembly, regardless of size, where a public body allows meetings
by ordinance, resolution or practice.
(4) 'Person' includes a religious assembly or institution.
(5) 'Public body' has the meaning given that term in ORS
174.109. + }
SECTION 2. { + (1) Free exercise of religion is a fundamental
right that applies in this state and is protected against laws,
rules or other government actions even if those laws, rules or
actions are facially neutral.
(2) Except as provided in subsection (3) of this section, a
public body may not substantially burden a person's exercise of
religion even if the burden results from a rule of general
applicability.
(3) A public body may substantially burden a person's exercise
of religion if the public body demonstrates that application of
the burden to the person:
(a) Is in furtherance of a compelling governmental interest;
and
(b) Is the least restrictive means of furthering that
compelling governmental interest.
(4) A person whose religious exercise is burdened in violation
of this section may assert that violation:
(a) As a claim or defense in a judicial or administrative
proceeding brought by or against a public body or an officer or
employee of a public body; or
(b) As a defense in a judicial proceeding brought by any person
that is not a public body or an officer or employee of a public
body.
(5) A person who prevails in any action to enforce this section
against a public body or an officer or employee of a public body
shall recover attorney fees and costs. + }
SECTION 3. { + (1) A public body may not impose or implement a
land use regulation in a manner that imposes an unreasonable
burden on a person's exercise of religion, regardless of a
compelling governmental interest, unless the government
demonstrates:
(a) That the person's exercise of religion at a particular
location violates religion-neutral zoning standards in effect at
the time of the person's application for a permit;
(b) That the person's exercise of religion at a particular
location would be hazardous due to toxic uses in adjacent
properties; or
(c) The existence of a suitable alternate property the person
could use for the exercise of religion.
(2) A public body may not impose or implement a land use
regulation in a manner that treats a religious assembly or
institution on less than equal terms with a nonreligious assembly
or institution, regardless of a compelling governmental interest.
(3) A public body may not impose or implement a land use
regulation in a manner that discriminates against an assembly or
institution on the basis of religion, regardless of any
compelling governmental interest.
(4) A public body may not impose or implement a land use
regulation in a manner that completely excludes a religious
assembly or institution from a zoning classification, or that
unreasonably limits religious assemblies, institutions or
structures within a zoning classification, regardless of any
compelling governmental interest.
(5) For the purposes of subsection (1) of this section, a land
use regulation imposes an unreasonable burden on a person's
exercise of religion if the regulation prevents the person from
using the person's property in a manner that the person finds
satisfactory to fulfill the person's religious mission.
(6) For the purposes of subsection (1)(a) of this section, a
zoning standard is religion-neutral if the standard is based on
quantitative factors, including but not limited to maximum
occupancy limits, height restrictions, setback requirements, fire
code requirements, parking space requirements, sewer capacity
limitations and traffic congestion limitations. Subsection (1)(a)
of this section does not apply to zoning standards that are based
on:
(a) The desire that new construction be consistent with
existing uses;
(b) The desire that new construction work together with
existing or proposed uses to improve the area; or
(c) The public body's interest in maximizing tax revenues in
the area.
(7) For the purpose of determining whether there is a suitable
alternate property that a person can use for the exercise of
religion under subsection (1)(c) of this section, a public body
must demonstrate that:
(a) The property can be afforded by the person, taking into
account the revenue sources of the person and other financial
obligations of the person;
(b) The property is within a reasonable distance from the
location proposed by the person; and
(c) The property is large enough to fully accommodate the
current and projected needs of the person in fulfilling the
person's religious mission. + }
SECTION 4. { + Sections 1 to 4 of this 2011 Act may not be
construed to authorize any public body to burden any religious
belief. + }
SECTION 5. { + Sections 1 to 4 of this 2011 Act apply to all
state laws, rules, ordinances and resolutions, whether adopted
before, on or after the effective date of this 2011 Act. + }
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