{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/57-2.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/57-2.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/57-2.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/57-2.02.html"}],"law_id":64035,"edition_id":1,"section_id":64035,"structure_id":16135,"section_number":"57-2.02","catch_line":"Religious freedom preserved; definitions; applicability; construction; remedies","history":"2007, c. 889; 2009, cc. 813, 840; 2021, Sp. Sess. I, c. 489.","full_text":"A\n\nAs used in this section:\n\t\t\t“Demonstrates” means meets the burdens of going forward with the evidence and of persuasion under the standard of clear and convincing evidence.\n\t\t\t“Exercise of religion” means the exercise of religion under Article I, Section 16 of the Constitution of Virginia, the Virginia Act for Religious Freedom (§ 57-1 et seq.), and the First Amendment to the United States Constitution.\n\t\t\t“Government entity” means any branch, department, agency, or instrumentality of state government, or any official or other person acting under color of state law, or any political subdivision of the Commonwealth and does not include the Department of Corrections, the Department of Juvenile Justice, and any facility of the Department of Behavioral Health and Developmental Services that treats civilly committed sexually violent predators, or any local, regional or federal correctional facility.\n\t\t\t“Prevails” means to obtain “prevailing party” status as defined by courts construing the federal Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. § 1988.\n\t\t\t“Substantially burden” means to inhibit or curtail religiously motivated practice.B\n\nNo 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 (i) essential to further a compelling governmental interest and (ii) the least restrictive means of furthering that compelling governmental interest.C\n\nNothing in this section shall be construed to (i) authorize any government entity to burden any religious belief or (ii) affect, interpret or in any way address those portions of Article 1, Section 16 of the Constitution of Virginia, the Virginia Act for Religious Freedom (§ 57-1 et seq.), and the First Amendment to the United States Constitution that prohibit laws respecting the establishment of religion. Granting government funds, benefits or exemptions, to the extent permissible under clause (ii) of this subsection, shall not constitute a violation of this section. As used in this subsection, “granting” used with respect to government funding, benefits, or exemptions shall not include the denial of government funding, benefits, or exemptions.D\n\nA person whose religious exercise has been burdened by government in violation of this section 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. A person who prevails in any proceeding to enforce this section against a government entity may recover his reasonable costs and attorney fees. The provisions of this subsection relating to attorney fees shall not apply to criminal prosecutions.E\n\nNothing in this section shall prevent any governmental institution or facility from maintaining health, safety, security or discipline.F\n\nThe decision of the circuit court to grant or deny declaratory and injunctive relief may be appealed to the Court of Appeals.","order_by":null,"text":{"0":{"id":233194,"text":"As used in this section:\n\t\t\t“Demonstrates” means meets the burdens of going forward with the evidence and of persuasion under the standard of clear and convincing evidence.\n\t\t\t“Exercise of religion” means the exercise of religion under Article I, Section 16 of the Constitution of Virginia, the Virginia Act for Religious Freedom (§ 57-1 et seq.), and the First Amendment to the United States Constitution.\n\t\t\t“Government entity” means any branch, department, agency, or instrumentality of state government, or any official or other person acting under color of state law, or any political subdivision of the Commonwealth and does not include the Department of Corrections, the Department of Juvenile Justice, and any facility of the Department of Behavioral Health and Developmental Services that treats civilly committed sexually violent predators, or any local, regional or federal correctional facility.\n\t\t\t“Prevails” means to obtain “prevailing party” status as defined by courts construing the federal Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. § 1988.\n\t\t\t“Substantially burden” means to inhibit or curtail religiously motivated practice.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":233195,"text":"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 (i) essential to further a compelling governmental interest and (ii) the least restrictive means of furthering that compelling governmental interest.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":233196,"text":"Nothing in this section shall be construed to (i) authorize any government entity to burden any religious belief or (ii) affect, interpret or in any way address those portions of Article 1, Section 16 of the Constitution of Virginia, the Virginia Act for Religious Freedom (§ 57-1 et seq.), and the First Amendment to the United States Constitution that prohibit laws respecting the establishment of religion. Granting government funds, benefits or exemptions, to the extent permissible under clause (ii) of this subsection, shall not constitute a violation of this section. As used in this subsection, “granting” used with respect to government funding, benefits, or exemptions shall not include the denial of government funding, benefits, or exemptions.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":233197,"text":"A person whose religious exercise has been burdened by government in violation of this section 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. A person who prevails in any proceeding to enforce this section against a government entity may recover his reasonable costs and attorney fees. The provisions of this subsection relating to attorney fees shall not apply to criminal prosecutions.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":233198,"text":"Nothing in this section shall prevent any governmental institution or facility from maintaining health, safety, security or discipline.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":233199,"text":"The decision of the circuit court to grant or deny declaratory and injunctive relief may be appealed to the Court of Appeals.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":16135,"edition_id":1,"name":"Religious Freedom","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":13324,"metadata":{},"date_created":"2026-06-26 04:07:13","date_modified":"2026-06-26 04:07:13","permalink":{"id":251503,"object_type":"structure","relational_id":16135,"identifier":"1","token":"57\/1","url":"\/57\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13324,"edition_id":1,"name":"Religious and Charitable Matters; Cemeteries","identifier":"57","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":251501,"object_type":"structure","relational_id":13324,"identifier":"57","token":"57","url":"\/57\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86030,"structure_id":16135,"section_number":"57-1","catch_line":"Act for religious freedom recited","url":"\/57-1\/","token":"57\/1\/57-1","metadata":false},{"id":76271,"structure_id":16135,"section_number":"57-2","catch_line":"Rights asserted therein reaffirmed","url":"\/57-2\/","token":"57\/1\/57-2","metadata":false},{"id":77309,"structure_id":16135,"section_number":"57-2.01","catch_line":"Religious Freedom Week and Day","url":"\/57-2.01\/","token":"57\/1\/57-2.01","metadata":false},{"id":64035,"structure_id":16135,"section_number":"57-2.02","catch_line":"Religious freedom preserved; definitions; applicability; construction; remedies","url":"\/57-2.02\/","token":"57\/1\/57-2.02","metadata":false},{"id":85631,"structure_id":16135,"section_number":"57-2.1","catch_line":"Advertising by hotels, etc., that persons find objectionable because of religion; exemptions","url":"\/57-2.1\/","token":"57\/1\/57-2.1","metadata":false}],"previous_section":{"id":77309,"structure_id":16135,"section_number":"57-2.01","catch_line":"Religious Freedom Week and Day","url":"\/57-2.01\/","token":"57\/1\/57-2.01","metadata":false},"next_section":{"id":85631,"structure_id":16135,"section_number":"57-2.1","catch_line":"Advertising by hotels, etc., that persons find objectionable because of religion; exemptions","url":"\/57-2.1\/","token":"57\/1\/57-2.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/57-2.02\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapter 889<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2009, chapters 813<\/a> and 840<\/a>.<\/p>","references":false,"refers_to":[{"id":86030,"section_number":"57-1","catch_line":"Act for religious freedom recited","order_by":null,"url":"\/57-1\/"}],"permalink":{"id":251517,"object_type":"law","relational_id":64035,"identifier":"57-2.02","token":"57\/1\/57-2.02","url":"\/57-2.02\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/57-2.02\/","token":"57\/1\/57-2.02","dublin_core":{"Title":"Religious freedom preserved; definitions; applicability; construction; remedies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 57-2.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Demonstrates<\/span>” means meets the burdens of going forward with the evidence<\/span> and of persuasion under the standard of clear and convincing evidence<\/span>.\n\t\t\t“Exercise of religion<\/span>” means the exercise of religion<\/span> under Article I, Section 16 of the Constitution of Virginia, the Virginia Act for Religious Freedom (§ 57-1<\/a> et seq.), and the First Amendment to the United States Constitution.\n\t\t\t“Government entity<\/span>” means any branch, department, agency, or instrumentality of state government, or any official or other person acting under color of state law<\/span>, or any political subdivision of the Commonwealth and does not include the Department of Corrections, the Department of Juvenile Justice, and any facility of the Department of Behavioral Health and Developmental Services that treats civilly committed sexually violent predators, or any local, regional or federal correctional facility.\n\t\t\t“Prevails<\/span>” means to obtain “prevailing party<\/span>” status as defined by courts<\/span> construing the federal Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. § 1988.\n\t\t\t“Substantially burden<\/span>” means to inhibit or curtail religiously motivated practice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No government entity<\/span> shall substantially burden<\/span> a person’s free exercise of religion<\/span> even if the burden results from a rule of general applicability unless it demonstrates<\/span> that application of the burden to the person is (i) essential to further a compelling governmental interest and (ii) the least restrictive means of furthering that compelling governmental interest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing in this section shall be construed to (i) authorize any government entity<\/span> to burden any religious belief or (ii) affect, interpret or in any way address those portions of Article 1, Section 16 of the Constitution of Virginia, the Virginia Act for Religious Freedom (§ 57-1<\/a> et seq.), and the First Amendment to the United States Constitution that prohibit laws<\/span> respecting the establishment of religion. Granting<\/span> government funds, benefits or exemptions, to the extent permissible under clause (ii) of this subsection, shall not constitute a violation of this section. As used in this subsection, “granting<\/span>” used with respect to government funding, benefits, or exemptions shall not include the denial of government funding, benefits, or exemptions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A person whose religious exercise has been burdened by government in violation of this section 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<\/span> court<\/span>, but shall not obtain monetary damages<\/span>. A person who prevails<\/span> in any proceeding to enforce this section against a government entity<\/span> may recover his reasonable costs and attorney fees. The provisions of this subsection relating to attorney fees shall not apply to criminal prosecutions<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this section shall prevent any governmental institution or facility from maintaining health, safety, security or discipline. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The decision of the circuit<\/span> court<\/span> to grant or deny declaratory and injunctive relief may be appealed to the Court<\/span> of Appeals<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRELIGIOUS FREEDOM PRESERVED; DEFINITIONS; APPLICABILITY; CONSTRUCTION; REMEDIES\n(\u00a7 57-2.02)\n\nA. As used in this section:\n\t\t\t“Demonstrates” means meets the burdens of going forward with the\nevidence and of persuasion under the standard of clear and convincing evidence.\n\t\t\t“Exercise of religion” means the exercise of religion under\nArticle I, Section 16 of the Constitution of Virginia, the Virginia Act for\nReligious Freedom (§ 57-1 et seq.), and the First Amendment to the United\nStates Constitution.\n\t\t\t“Government entity” means any branch, department, agency, or\ninstrumentality of state government, or any official or other person acting\nunder color of state law, or any political subdivision of the Commonwealth and\ndoes not include the Department of Corrections, the Department of Juvenile\nJustice, and any facility of the Department of Behavioral Health and\nDevelopmental Services that treats civilly committed sexually violent predators,\nor any local, regional or federal correctional facility.\n\t\t\t“Prevails” means to obtain “prevailing party” status\nas defined by courts construing the federal Civil Rights Attorney’s Fees\nAwards Act of 1976, 42 U.S.C. § 1988.\n\t\t\t“Substantially burden” means to inhibit or curtail religiously\nmotivated practice.\n\nB. No government entity shall substantially burden a person’s free\nexercise of religion even if the burden results from a rule of general\napplicability unless it demonstrates that application of the burden to the\nperson is (i) essential to further a compelling governmental interest and (ii)\nthe least restrictive means of furthering that compelling governmental interest.\n\nC. Nothing in this section shall be construed to (i) authorize any government\nentity to burden any religious belief or (ii) affect, interpret or in any way\naddress those portions of Article 1, Section 16 of the Constitution of Virginia,\nthe Virginia Act for Religious Freedom (§ 57-1 et seq.), and the First\nAmendment to the United States Constitution that prohibit laws respecting the\nestablishment of religion. Granting government funds, benefits or exemptions, to\nthe extent permissible under clause (ii) of this subsection, shall not\nconstitute a violation of this section. As used in this subsection,\n“granting” used with respect to government funding, benefits, or\nexemptions shall not include the denial of government funding, benefits, or\nexemptions.\n\nD. A person whose religious exercise has been burdened by government in\nviolation of this section may assert that violation as a claim or defense in any\njudicial or administrative proceeding and may obtain declaratory and injunctive\nrelief from a circuit court, but shall not obtain monetary damages. A person who\nprevails in any proceeding to enforce this section against a government entity\nmay recover his reasonable costs and attorney fees. The provisions of this\nsubsection relating to attorney fees shall not apply to criminal prosecutions.\n\nE. Nothing in this section shall prevent any governmental institution or\nfacility from maintaining health, safety, security or discipline.\n\nF. The decision of the circuit court to grant or deny declaratory and injunctive\nrelief may be appealed to the Court of Appeals.\n\nHISTORY: 2007, c. 889; 2009, cc. 813, 840; 2021, Sp. Sess. I, c. 489.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}