Sec. 8. (a) Except as provided in subsection (b), a governmental entity may not substantially burden a person‘s exercise of religion, even if the burden results from a rule of general applicability.

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Terms Used In Indiana Code 34-13-9-8

  • demonstrates: means meets the burdens of going forward with the evidence and of persuasion. See Indiana Code 34-13-9-4
  • 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

  • person: includes the following:

    Indiana Code 34-13-9-7

     (b) A governmental entity may substantially burden a person’s exercise of religion only if the governmental entity demonstrates that application of the burden to the person:

(1) is in furtherance of a compelling governmental interest; and

(2) is the least restrictive means of furthering that compelling governmental interest.

As added by P.L.3-2015, SEC.1.