Sec. 10. (a) If a court or other tribunal in which a violation of this chapter is asserted in conformity with section 9 of this chapter determines that:
(1) the person‘s exercise of religion has been substantially burdened, or is likely to be substantially burdened; and
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Terms Used In Indiana Code 34-13-9-10
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- exercise of religion: includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief. See Indiana Code 34-13-9-5
- governmental entity: includes the whole or any part of a branch, department, agency, instrumentality, official, or other individual or entity acting under color of law of any of the following:
Indiana Code 34-13-9-6
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- person: includes the following:
Indiana Code 34-13-9-7
(A) is in furtherance of a compelling governmental interest; and
(B) is the least restrictive means of furthering that compelling governmental interest;
the court or other tribunal shall allow a defense against any party and shall grant appropriate relief against the governmental entity.
(b) Relief against the governmental entity may include any of the following:
(1) Declaratory relief or an injunction or mandate that prevents, restrains, corrects, or abates the violation of this chapter.
(2) Compensatory damages.
(c) In the appropriate case, the court or other tribunal also may award all or part of the costs of litigation, including reasonable attorney‘s fees, to a person that prevails against the governmental entity under this chapter.
As added by P.L.3-2015, SEC.1.
