In 1993, President Clinton signed into law the Religious Freedom Restoration Act, which created a statutory model for those with religious objections to laws of general applicability to avoid compliance based on religious objection. In 1997, the U.S. Supreme Court ruled in City of Boerne v. Flores that RFRA is not applicable to the states. Since then, 21 states have passed their own RFRA laws. A handful of state RFRAs differ from the federal RFRA and include language which allows religious freedom to be raised as a defense in lawsuits between private citizens.
Connecticut and Rhode Island became the first states to pass their own RFRAs in 1993.Both laws mirrored the federal version by not allowing religious freedom to be raised as a defense in lawsuits between private citizens.
In 1998, state RFRAs were enacted in Alabama, Illinois, and Florida. Like the states before them, Alabama and Illinois tracked the federal version. Florida, however, included language that would potentially allow religious freedom to be raised as a defense in lawsuits between private citizens.
The following year, Arizona, South Carolina, and Texas all passed their own versions of the RFRA. The law in South Carolina did not specify whether a claim or defense in a judicial proceeding had to be against the government, which would potentially allow for private citizens to file suit against other private citizens. The Texas RFRA allowed for a judicial proceeding regardless of whether the proceeding was brought in the name of the state or by any other person. However, the legislation included provisions to ensure that the RFRA couldn’t be misused to disregard civil rights protections against discrimination.
Idaho, New Mexico and Oklahoma all passed RFRA laws in 2000. Each piece of legislation mirrored the federal law by not allowing religious freedom to be raised as a defense in lawsuits between private citizens. Oklahoma included language specifying that the state did not authorize same-sex marriage or unions.
Pennsylvania and Missouri enacted RFRA laws in 2002 and 2003, respectively. Like Texas, the Missouri law included provisions to ensure civil rights protections against discrimination.
In 2007, Virginia enacted its own version of the RFRA. Tennessee followed suit shortly after in 2009. Neither law specified whether a claim or defense in a judicial proceeding had to be against the government. The following year, Louisiana became the next state to enact a RFRA. The Louisiana RFRA allowed for a judicial proceeding regardless of whether the proceeding was brought in the name of the state or by any other person.
Kansas and Kentucky were the next states to embrace RFRA legislation in 2013. Once again, neither law specified whether a claim or defense in a judicial proceeding had to be against the government. The following year, the Mississippi RFRA (which mirrored the federal RFRA) was enacted.
In 2015, Indiana and Arkansas faced criticism after passing their own versions of RFRA. Both laws included language allowing religious freedom to be raised as a defense in a lawsuit between private citizens. Indiana ultimately amended their law to include civil rights protections, while Arkansas scrapped their law and replaced it with a RFRA that tracks the federal version. (For a more detailed discussion of religious freedom legislation, click here.)
Laws
Title |
Number |
State |
Proposed |
Status |
Arkansas Religious Freedom Restoration Act (Act 975)
|
Act 975 |
Arkansas |
Mar 9, 2015 |
Current |
Arkansas Religious Freedom Restoration Act (HB 1228)
|
HB 1228 |
Arkansas |
Feb 2, 2015 |
Failed to Pass |
Oklahoma Religious Freedom Restoration Act of 2015 (SB 440)
|
SB 440 |
Oklahoma |
Feb 2, 2015 |
Failed to Pass |
South Carolina Religious Freedom Act (S 127)
|
S 127 |
South Carolina |
Jan 13, 2015 |
Failed to Pass |
New Mexico Bill Amending Religious Freedom Restoration Act (HB 55)
|
HB 55 |
New Mexico |
Jan 19, 2016 |
Failed to Pass |
Indiana Bill Regarding Fundamental Rights (SB 66)
|
SB 66 |
Indiana |
Jan 5, 2016 |
Failed to Pass |
Colorado Freedom of Conscience Protection Act (HB 1180)
|
HB 1180 |
Colorado |
Feb 2, 2016 |
Failed to Pass |
Kentucky Bill Regarding Protected Rights Under RFRA (SB 180)
|
SB 180 |
Kentucky |
Feb 18, 2016 |
Failed to Pass |
Oklahoma Religious Freedom Restoration Act
|
Okla. Stat. tit. 51, §251, et seq. |
Oklahoma |
|
Current |
Rhode Island Religious Freedom Restoration Act
|
|
Rhode Island |
|
Current |
Mississippi Religious Freedom Restoration Act
|
SB 2681 |
Mississippi |
Jan 20, 2014 |
Current |
New Mexico Religious Freedom Restoration Act
|
HB 20 |
New Mexico |
Mar 28, 2000 |
Current |
Kansas Preservation of Religious Freedom Act (HB 2203)
|
HB 2203 |
Kansas |
Feb 1, 2013 |
Current |
Illinois Religious Freedom Restoration Act
|
|
Illinois |
|
Current |
West Virginia Freedom of Conscience Protection Act (SB 487)
|
SB 487 |
West Virginia |
Feb 13, 2015 |
Failed to Pass |
West Virginia Freedom of Conscience Protection Act (HB 2830)
|
HB 2830 |
West Virginia |
Feb 20, 2015 |
Failed to Pass |
West Virginia Freedom of Conscience Protection Act (HB 2508)
|
HB 2508 |
West Virginia |
Jan 13, 2016 |
Failed to Pass |
Religious Freedom Restoration Act of 1993 (H.R. 1308)
|
H.R. 1308 |
Federal |
Mar 11, 1993 |
Current |
North Carolina Religious Freedom Restoration Act (SB 550)
|
SB 550 |
North Carolina |
Mar 26, 2015 |
Proposed |
North Carolina Religious Freedom Restoration Act (HB 348)
|
HB 348 |
North Carolina |
Mar 24, 2015 |
Proposed |
Virginia Religious Freedom Restoration Act
|
Va. Code §57-2.02 |
Virginia |
Jan 16, 2007 |
Current |
Missouri Religious Freedom Restoration Act (SB 12)
|
Mo. Rev. Stat. §1.302 |
Missouri |
Jan 8, 2003 |
Current |
Texas Religious Freedom Restoration Act
|
Tex. Civ. Prac. & Remedies Code §110.001, et seq. |
Texas |
|
Current |
Kentucky Religious Freedom Restoration Act (HB 279)
|
Ky. Rev. Stat. §446.350 |
Kentucky |
Feb 7, 2013 |
Current |
Tennessee Religious Freedom Restoration Act
|
Tenn. Code §4-1-407 |
Tennessee |
Feb 18, 2009 |
Current |
Pennsylvania Religious Freedom Protection Act
|
Pa. Stat. tit. 71, §2401-2407 |
Pennsylvania |
Apr 30, 2002 |
Current |
Louisiana Preservation of Religious Freedom Act (SB 606)
|
La. Rev. Stat. §13:5231, et seq. |
Louisiana |
Mar 29, 2010 |
Current |
Indiana Amendment to the Religious Freedom Restoration Act (SB 50)
|
SB 50 |
Indiana |
Jan 6, 2015 |
Current |
Indiana Religious Freedom Restoration Act (SB 101)
|
SB 101 |
Indiana |
Jan 6, 2015 |
Current |
Mississippi Bill Clarifying State RFRA Regarding Religious Leaders (SB 2093)
|
SB 2093 |
Mississippi |
Jan 26, 2016 |
Failed to Pass |
Michigan Religious Freedom Restoration Act (SB 4)
|
SB 4 |
Michigan |
Jan 20, 2015 |
Proposed |
Virginia Religious Freedom Bill (SB 41)
|
SB 41 |
Virginia |
Dec 15, 2015 |
Failed to Pass |
West Virginia Religious Freedom Restoration Act (HB 4012)
|
HB 4012 |
West Virginia |
Jan 26, 2016 |
Failed to Pass |
West Virginia Freedom of Conscience Protection Act (SB 11)
|
SB 11 |
West Virginia |
Jan 13, 2016 |
Failed to Pass |
Florida Religious Freedom Restoration Act of 1998
|
Fla. Stat. § 761.01, et seq. |
Florida |
|
Current |
Georgia Religious Freedom Restoration Act (HB 837)
|
HB 837 |
Georgia |
Jan 25, 2016 |
Failed to Pass |
Georgia Religious Freedom Restoration Act (SB 129)
|
SB 129 |
Georgia |
Feb 17, 2015 |
Failed to Pass |
Connecticut Religious Freedom Restoration Act
|
Conn. Gen. Stat. §52-571b |
Connecticut |
|
Current |
Florida Bill Regarding the Protection of Religious Freedom (HB 401)
|
HB 401 |
Florida |
Oct 21, 2015 |
Failed to Pass |
Alabama Religious Freedom Amendment
|
Ala. Const., Art. 1, section 3.01 |
Alabama |
|
Current |
Arkansas Religious Freedom Restoration Act (SB 229)
|
SB 229 |
Arkansas |
Feb 5, 2015 |
Failed to Pass |
Indiana Religious Freedom Restoration Act (SB 568)
|
SB 568 |
Indiana |
Jan 20, 2015 |
Failed to Pass |
Indiana Religious Freedom Restoration Act (HB 1632)
|
HB 1632 |
Indiana |
Jan 22, 2015 |
Failed to Pass |
Montana Religious Freedom Restoration Act (HB 615)
|
HB 615 |
Montana |
Mar 17, 2015 |
Failed to Pass |
Texas Religious Freedom Constitutional Amendment Proposal (HJR 55)
|
HJR 55 |
Texas |
Dec 10, 2014 |
Failed to Pass |
Texas Religious Freedom Constitutional Amendment Proposal (HJR 125)
|
HJR 125 |
Texas |
Mar 11, 2015 |
Failed to Pass |
Texas Religious Freedom Constitutional Amendment Proposal (SJR 10)
|
SJR 10 |
Texas |
Nov 10, 2014 |
Failed to Pass |
Wyoming Religious Freedom Restoration Act (HB 83)
|
HB 83 |
Wyoming |
Jan 22, 2015 |
Failed to Pass |
Washington Religious Freedom Restoration Act (HB 1217)
|
HB 1217 |
Washington |
Jan 13, 2017 |
Proposed |
Colorado Freedom of Conscience Protection Act (HB 1013)
|
HB 1013 |
Colorado |
Jan 11, 2017 |
Failed to Pass |
West Virginia Freedom of Conscience Protection Act (SB 19)
|
SB 19 |
West Virginia |
Feb 8, 2017 |
Failed to Pass |
Oklahoma Bill Amending the Religious Freedom Restoration Act (SB 530)
|
SB 530 |
Oklahoma |
Feb 6, 2017 |
Proposed |
Hawaii Bill Relating to Religious Rights (HB 823)
|
HB 823 |
Hawaii |
Jan 25, 2017 |
Failed to Pass |
Arkansas Government Nondiscrimination Act (HB 2232)
|
HB 2232 |
Arkansas |
Mar 6, 2017 |
Failed to Pass |
Texas ‘Free to Believe Act’ (HB 2779)
|
HB 2779 |
Texas |
Mar 2, 2017 |
Failed to Pass |
Georgia State Funding of Local Governments Bill (HB 257)
|
HB 257 |
Georgia |
Feb 7, 2017 |
Proposed |
Texas Occupational License RFRA (SB 651)
|
SB 651 |
Texas |
Jan 27, 2017 |
Failed to Pass |
West Virginia Freedom of Conscience Protection Act (SB 93)
|
SB 93 |
West Virginia |
Jan 10, 2018 |
Proposed |
Iowa Religious Freedom Restoration Act (SF 2154)
|
SF 2154 |
Iowa |
Feb 1, 2018 |
Proposed |
Iowa Religious Freedom Restoration Act (HF 2209)
|
HF 2209 |
Iowa |
Feb 2, 2018 |
Proposed |
Iowa Religious Freedom Restoration Act (SF 2338)
|
SF 2338 |
Iowa |
Feb 19, 2018 |
Proposed |