BILL
NO. 404 By: Daniels and Jett of the Senate
and
Echols,
Lepak, Caldwell (Chad), Boatman, Hill, and West (Kevin) of the House
An
Act relating to the Oklahoma Religious Freedom Act; amending 51 O.S. 2021,
Sections 253, as last amended by Section 1, Chapter 235, O.S.L. 2022, and 255,
as last amended by Section 12, Chapter 321, O.S.L. 2022 (51 O.S. Supp. 2022,
Sections 253 and 255), which relate to burden upon free exercise of religion
and construction of act; establishing exclusion from certain funds or benefits
for certain reasons as substantial burden; removing definition; updating
statutory reference; and providing an effective date.
SUBJECT: Oklahoma Religious Freedom Act
BE
IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION
1. AMENDATORY 51 O.S. 2021, Section 253, as last amended
by Section 1, Chapter 235, O.S.L. 2022 (51 O.S. Supp. 2022, Section 253), is
amended to read as follows:
Section
253. A.
Except as provided in subsection B of this section, no governmental entity
shall substantially burden a person’s free exercise of religion even if the
burden results from a rule of general applicability.
B.
No governmental entity shall substantially burden a person’s free
exercise of religion unless it demonstrates that application of the burden to
the person is:
1.
Essential to further a compelling governmental interest; and
2.
The least restrictive means of furthering that compelling governmental
interest.
C.
No governmental entity as defined pursuant to Section 252 of this title
shall declare or deem a religious institution and any activity directly related
to the institution’s discharge of its mission and purpose to be
nonessential. No religious institution
shall be subject to a closure or restriction for the purposes of health or
security that is greater than that imposed upon any private entity facing the
same or similar health or security conditions.
D.
It shall be deemed a substantial burden to exclude any person or entity
from participation in or receipt of governmental funds, benefits, programs, or
exemptions based solely on the religious character or affiliation of the person
or entity.
SECTION
2. AMENDATORY 51 O.S. 2021, Section 255, as last amended
by Section 12, Chapter 321, O.S.L. 2022 (51 O.S. Supp. 2022, Section 255), is
amended to read as follows:
Section
255. A.
Nothing in this act shall be construed to:
1.
Authorize any government entity to substantially burden any religious
belief;
2.
Authorize same-sex marriages, unions, or the equivalent thereof; or
3.
Affect, interpret, or in any way address those portions of Article I,
Section 2 and Article II, Section 5 of the Constitution of the State of
Oklahoma, the Oklahoma Religious Freedom Act, or the First Amendment to the
Constitution of the United States that prohibit laws respecting the
establishment of religion.
B.
Granting governmental funds, benefits, or exemptions to the extent
permissible under paragraph 3 of subsection A of this section shall not
constitute a violation of this section. As
used in this subsection, “granting government funds, benefits, or exemptions”
shall not include the denial of government funding, benefits, or exemptions.
This provision does not in and of itself
require vouchers.
C.
A civil action brought under Section 5 of this act 1-745.55 of
Title 63 of the Oklahoma Statutes shall not be subject to any provision of
the Oklahoma Religious Freedom Act.
SECTION 3. This act shall become
effective November 1, 2023.
Passed the Senate the 7th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 25th day of April, 2023.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received
by the Office of the Governor this ____________________ day of
___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved
by the Governor of the State of Oklahoma this _________ day of
___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received
by the Office of the Secretary of State this __________ day of
__________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________