§ 16-123-401. Title
This subchapter shall be known and may be cited as the “Religious Freedom Restoration Act”.
§ 16-123-402. Legislative intent
It is the intent of the General Assembly: (1) To restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963), and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases in which free exercise of religion is substantially burdened; (2) That this subchapter […]
§ 16-123-403. Definitions
As used in this subchapter: (1) “Demonstrates” means meets the burdens of going forward with the evidence and of persuasion; (2) “Exercise of religion” means religious exercise; (3) “Government” includes a branch, department, agency, instrumentality, political subdivision, official, or other person acting under color of state law; and (4) “State law” includes without limitation a […]
§ 16-123-404. Free exercise of religion protected
(a) A government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, except that a government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person is: (1) In furtherance of a compelling governmental […]
§ 16-123-405. Construction and applicability
(a) This subchapter applies to all state law, and the implementation of state law, whether statutory or otherwise, and whether adopted before or after April 2, 2015. (b) State statutory law adopted after April 2, 2015, is subject to this subchapter unless the state statutory law explicitly excludes the application by reference to this subchapter. […]
§ 16-123-406. Interpretation
(a) This subchapter does not affect, interpret, or in any way address that portion of the United States Constitution, Amendment I, prohibiting laws respecting the establishment of religion or of Arkansas Constitution, Article 2, § 25, concerning protection of religion. (b) Granting government funding, benefits, or exemptions, to the extent permissible under the United States […]
§ 16-123-407. Exemptions
The Division of Correction, the Division of Community Correction, a county jail, and a detention facility are exempt from this subchapter.