Thursday, February 27, 2014

Actual Text not that it matters

One of these laws is (supposedly) terribly homophobic. Which one? Why?  One of these versions has been state law since 1999 and remains in effect regardless of the Brewer veto.

TWO VERSIONS OF THE ARIZONA LAW::

41-1493.01. Free exercise of religion protected

A. Free exercise of religion is a fundamental right that applies in this state even if laws, rules or other government actions are facially neutral.

B. Except as provided in subsection C, government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability.

C. Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person is both:

1. In furtherance of a compelling governmental interest.

2. The least restrictive means of furthering that compelling governmental interest.

D. A person whose religious exercise is burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. A party who prevails in any action to enforce this article against a government shall recover attorney fees and costs.

E. In this section, the term substantially burden is intended solely to ensure that this article is not triggered by trivial, technical or de minimis infractions.

OTHER VERSION:

41-1493.01. Free exercise of religion protected

A. Free exercise of religion is a fundamental right that applies in this state even if laws, rules or other government actions are facially neutral.

B. Except as provided in subsection C, of this section, state action shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability.

C. State action may substantially burden a person's exercise of religion only if the opposing party demonstrates that application of the burden to the person's exercise of religion in this particular instance is both:

1. In furtherance of a compelling governmental interest.

2. The least restrictive means of furthering that compelling governmental interest.

D. A person whose religious exercise is burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding, regardless of whether the government is a party to the proceeding. the person asserting such a claim or defense may obtain appropriate relief. A party who prevails in any action to enforce this article against a government shall recover attorney fees and costs.

E. For the purposes of his section, the term substantially burden is intended solely to ensure that this article is not triggered by trivial, technical or de minimis infractions.

F. For the purposes of this section, "state action" means any action by the government or the implementation or application of any law, including state and local laws, ordinances, rules, regulations and policies, whether statutory or otherwise, and whether the implementation or application is made or attempted to be made by the government or nongovernmental persons.

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