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Virginia Religious Freedom Restoration Act

This law was last updated on Dec 12, 2016


State

Virginia

Number

Va. Code §57-2.02

Status

Current

Proposed

Jan 16, 2007

Topics

LGBTQ, Religious Freedom, RFRA

Full Bill Text

law.lis.virginia.gov

The Virginia RFRA provides that no government entity shall substantially burden a person’s free exercise of religion even if the burden results from a rule of general applicability unless it demonstrates that application of the burden to the person is:

  • essential to further a compelling governmental interest; and
  • the least restrictive means of furthering that compelling governmental interest.

A person whose religious exercise has been burdened by government may assert that violation as a claim or defense in any judicial or administrative proceeding and may obtain declaratory and injunctive relief from a circuit court, but shall not obtain monetary damages.

The law does not specify that a claim or defense in a judicial proceeding must be against the government, which would potentially allow for private citizens to file suit against other private citizens. Therefore, this RFRA does not track the federal RFRA.


People

Primary Sponsor