Ark. Code § 16-123-403

Current with legislation from 2024 Fiscal and Special Sessions.

Section 16-123-403 - Definitions

As used in this subchapter:

(1) "Compelling governmental interest" means a governmental interest of the highest order as long-recognized in the history and traditions of this state, that is necessary to advance a vital interest and cannot otherwise be achieved without burdening the exercise of religion;

(2) "Demonstrates" means meets the burdens of going forward with the evidence and of persuasion;

(3)

(A) "Exercise of religion" means the practice or observance of religion.

(B) "Exercise of religion" includes without limitation an action that is motivated by a sincerely held religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief;

(4) "Government" includes a branch, department, agency, instrumentality, political subdivision, official, or other person acting under color of state law or using any instrumentality of the state to enforce a law, regulation, rule, or policy of the government;

(5) "Person" means an individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity;

(6) "State law" includes without limitation a law of a political subdivision, an ordinance, rule, regulation, or policy, whether statutory or otherwise, or other action by the state or any political subdivision of the state or by any public official authorized by law in the state; and

(7)

(A) "Substantially burden" means any 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.

(B) "Substantially burden" includes without limitation withholding benefits, assessing criminal, civil, or administrative penalties or damages, or exclusion from governmental programs or access to governmental facilities.

Ark. Code § 16-123-403

Amended by Act 2023, No. 733,§ 2, eff. 8/1/2023.

Added by Act 2015, No. 975,§ 1, eff. 4/2/2015.

Act 2023, No. 733provides that his act shall be known and may be cited as the "Conscience Protection Act".