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Home » US Law » 2021 Kansas Statutes » Chapter 60 - Procedure, Civil » Article 53 - Exercise Of First Amendment Rights

60-5301 Citation of act.

60-5301. Citation of act. K.S.A. 2021 Supp. 60-5301 through 60-5305, and amendments thereto, shall be known and may be cited as the Kansas preservation of religious freedom act. History: L. 2013, ch. 47, § 5; July 1.

60-5302 Definitions.

60-5302. Definitions. As used in the Kansas preservation of religious freedom act: (a) “Burden” means any government action that directly or indirectly constrains, inhibits, curtails or denies the exercise of religion by any person or compels any action contrary to a person’s exercise of religion, and includes, but is not limited to, withholding benefits, assessing […]

60-5303 Exercise of religion; burden of proof; remedies.

60-5303. Exercise of religion; burden of proof; remedies. (a) Government shall not substantially burden a person’s civil right to exercise of religion even if the burden results from a rule of general applicability, unless such government demonstrates, by clear and convincing evidence, that application of the burden to the person: (1) Is in furtherance of […]

60-5304 Exercise of religion; compelling governmental interest.

60-5304. Exercise of religion; compelling governmental interest. In determining whether a compelling governmental interest is sufficient to justify a substantial burden on a person’s exercise of religion pursuant to K.S.A. 2021 Supp. 60-5303, and amendments thereto, only those interests of the highest order and not otherwise served can overbalance the fundamental right to the exercise […]

60-5305 Construction of act.

60-5305. Construction of act. (a) Nothing in this act shall be construed to: (1) Impair the fundamental right of every parent to control the care and custody of such parent’s minor children, including, but not limited to, control over education, discipline, religious and moral instruction, health, medical care, welfare, place of habitation, counseling and psychological […]

60-5311 Exercise of religion by religious student associations; definitions.

60-5311. Exercise of religion by religious student associations; definitions. As used in K.S.A. 2021 Supp. 60-5311 through 60-5313, and amendments thereto: (a) “Benefit” means the following: (1) Recognition; (2) registration; (3) the use of facilities of the postsecondary educational institution for meetings or speaking purposes; (4) the use of channels of communication of the postsecondary […]

60-5312 Same; prohibition on certain actions by postsecondary educational institutions.

60-5312. Same; prohibition on certain actions by postsecondary educational institutions. No postsecondary educational institution may take any action or enforce any policy that would deny a religious student association any benefit available to any other student association, or discriminate against a religious student association with respect to such benefit, based on such association’s requirement that […]

60-5313 Same; cause of action.

60-5313. Same; cause of action. Any student or religious student association aggrieved by a violation of K.S.A. 2021 Supp. 60-5312, and amendments thereto, may bring a cause of action against the postsecondary educational institution for such violation and seek appropriate relief, including, but not limited to, monetary damages. Any student or religious student association aggrieved […]

60-5320 Public speech protection act.

60-5320. Public speech protection act. (a) This section shall be known and may be cited as the public speech protection act. (b) The purpose of the public speech protection act is to encourage and safeguard the constitutional rights of a person to petition, and speak freely and associate freely, in connection with a public issue […]

60-5321 Traditional tribal regalia and objects of cultural significance, wearing of.

60-5321. Traditional tribal regalia and objects of cultural significance, wearing of. (a) The legislature hereby declares that the purpose of this act is to help further the state’s recognition of the distinct and unique cultural heritage of the Native Americans and the state’s commitment to preserving the Native Americans’ cultural integrity. (b) No state agency […]

60-5322 Adoption protection act.

60-5322. Adoption protection act. (a) The provisions of this section shall be known and may be cited as the adoption protection act. (b) Notwithstanding any other provision of state law, and to the extent allowed by federal law, no child placement agency shall be required to perform, assist, counsel, recommend, consent to, refer or otherwise […]