                                 CODE OF VIRGINIA

RELIGIOUS FREEDOM PRESERVED; DEFINITIONS; APPLICABILITY; CONSTRUCTION; REMEDIES
(§ 57-2.02)

A. As used in this section:
			&#8220;Demonstrates&#8221; means meets the burdens of going forward with the
evidence and of persuasion under the standard of clear and convincing evidence.
			&#8220;Exercise of religion&#8221; means the exercise of religion under
Article I, Section 16 of the Constitution of Virginia, the Virginia Act for
Religious Freedom (&#xA7; 57-1 et seq.), and the First Amendment to the United
States Constitution.
			&#8220;Government entity&#8221; 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.
			&#8220;Prevails&#8221; means to obtain &#8220;prevailing party&#8221; status
as defined by courts construing the federal Civil Rights Attorney&#8217;s Fees
Awards Act of 1976, 42 U.S.C. &#xA7; 1988.
			&#8220;Substantially burden&#8221; means to inhibit or curtail religiously
motivated practice.

B. No government entity shall substantially burden a person&#8217;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. 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 (&#xA7; 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,
&#8220;granting&#8221; 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 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. Nothing in this section shall prevent any governmental institution or
facility from maintaining health, safety, security or discipline.

F. The decision of the circuit court to grant or deny declaratory and injunctive
relief may be appealed to the Court of Appeals.

HISTORY: 2007, c. 889; 2009, cc. 813, 840; 2021, Sp. Sess. I, c. 489.