57-2.02 - Religious freedom preserved; definitions; applicability; construction; remedies.
§ 57-2.02. Religious freedom preserved; definitions; applicability;construction; remedies.
A. As used in this section:
"Demonstrates" means meets the burdens of going forward with the evidenceand of persuasion under the standard of clear and convincing evidence.
"Exercise of religion" means the exercise of religion under Article I,Section 16 of the Constitution of Virginia, the Virginia Act for ReligiousFreedom (§ 57-1 et seq.), and the First Amendment to the United StatesConstitution.
"Government entity" means any branch, department, agency, orinstrumentality of state government, or any official or other person actingunder color of state law, or any political subdivision of the Commonwealthand does not include the Department of Corrections, the Department ofJuvenile Justice, and any facility of the Department of Behavioral Health andDevelopmental Services that treats civilly committed sexually violentpredators, or any local, regional or federal correctional facility.
"Prevails" means to obtain "prevailing party" status as defined by courtsconstruing the federal Civil Rights Attorney's Fees Awards Act of 1976, 42U.S.C. § 1988.
"Substantially burden" means to inhibit or curtail religiously motivatedpractice.
B. No government entity shall substantially burden a person's free exerciseof religion even if the burden results from a rule of general applicabilityunless it demonstrates that application of the burden to the person is (i)essential to further a compelling governmental interest and (ii) the leastrestrictive means of furthering that compelling governmental interest.
C. Nothing in this section shall be construed to (i) authorize any governmententity to burden any religious belief or (ii) affect, interpret or in any wayaddress those portions of Article 1, Section 16 of the Constitution ofVirginia, the Virginia Act for Religious Freedom (§ 57-1 et seq.), and theFirst Amendment to the United States Constitution that prohibit lawsrespecting the establishment of religion. Granting government funds, benefitsor exemptions, to the extent permissible under clause (ii) of thissubsection, shall not constitute a violation of this section. As used in thissubsection, "granting" used with respect to government funding, benefits,or exemptions shall not include the denial of government funding, benefits,or exemptions.
D. A person whose religious exercise has been burdened by government inviolation of this section may assert that violation as a claim or defense inany judicial or administrative proceeding and may obtain declaratory andinjunctive relief from a circuit court, but shall not obtain monetarydamages. A person who prevails in any proceeding to enforce this sectionagainst a government entity may recover his reasonable costs and attorneyfees. The provisions of this subsection relating to attorney fees shall notapply to criminal prosecutions.
E. Nothing in this section shall prevent any governmental institution orfacility from maintaining health, safety, security or discipline.
F. The decision of the circuit court to grant or deny declaratory andinjunctive relief may be appealed by petition to the Court of Appeals ofVirginia.
(2007, c. 889; 2009, cc. 813, 840.)