Colorado Rights Blog

HB13-1066: Preservation of Religious Freedom

Freedom of Expression & Religion | Racial Justice
Bill Number: HB13-1066
Year: 2013
ACLU Position: Active Oppose
Sponsors: Priola


The bill restricts a governmental entity from substantially burdening a person's exercise of religion, even if the burden results from a rule of general applicability, unless the governmental entity demonstrates that the application of the burden to the person is both essential to furthering a compelling governmental interest and is the least restrictive means of doing so. The grant of permissible state moneys, benefits, or exemptions is not a violation of the act.

A person whose exercise of religion has been burdened by a governmental entity may assert that violation as a claim or defense in any judicial or administrative proceeding and may obtain such declaratory relief or monetary damages as may be properly awarded by a court. If a person prevails in a proceeding to enforce the act, he or she may recover reasonable costs and attorney fees. If a court finds a person abused the protections of this act by filing a frivolous or fraudulent claim, that person may be assessed the governmental entity's court costs and may be enjoined from filing further claims.

Current Status:

02/11/2013 - House Committee on State, Veterans, & Military Affairs Postpone Indefinitely

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