(1) The free exercise of religion is a fundamental right and applies to all government action, including action that is facially neutral.
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Terms Used In Utah Code 63G-33-201

  • Demonstrates: means to produce the evidence necessary to meet, and to meet, the burden of persuasion. See Utah Code 63G-33-101
  • Free exercise of religion: means the right to act or refuse to act in a manner substantially motivated by a sincerely held religious belief, regardless of whether the exercise is compulsory or central to a larger system of religious belief. See Utah Code 63G-33-101
  • Government action: includes :
         (3)(a) a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;
         (3)(b) the application of a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;
         (3)(c) any action taken by, or on behalf of, a government entity;
         (3)(d) action taken by a person other than a government entity to:
              (3)(d)(i) enforce a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;
              (3)(d)(ii) compel a government entity to act;
              (3)(d)(iii) prohibit a government entity from acting; or
              (3)(d)(iv) utilize an administrative or judicial proceeding of a government entity, or an instrumentality or function of a government entity, to exert government power, authority, or influence. See Utah Code 63G-33-101
  • Government entity: includes an agency, bureau, office, department, division, board, commission, institution, laboratory, or other instrumentality of a person described in Subsection (4)(a). See Utah Code 63G-33-101
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Substantially burden: includes :
              (6)(b)(i) any of the following in response to, or as a consequence of, the person's free exercise of religion:
                   (6)(b)(i)(A) withholding a government benefit;
                   (6)(b)(i)(B) assessing criminal, civil, or administrative penalties or damages; or
                   (6)(b)(i)(C) excluding a person from a government program or from access to a government facility or service; and
              (6)(b)(ii) a burden described in Subsections (6)(a) and (b)(i), regardless of whether the burden is:
                   (6)(b)(ii)(A) imposed by:
                        (6)(b)(ii)(A)(I) law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;
                        (6)(b)(ii)(A)(II) the application of law, statute, rule, policy, order, or other assertion of governmental authority; or
                        (6)(b)(ii)(A)(III) any other means;
                   (6)(b)(ii)(B) applied or enforced by, or on behalf of, a government entity; or
                   (6)(b)(ii)(C) applied or enforced by, or on behalf of, a person other than a government entity to:
                        (6)(b)(ii)(C)(I) enforce a law, statute, ordinance, rule, policy, order, or other assertion of governmental authority;
                        (6)(b)(ii)(C)(II) compel a government entity to act;
                        (6)(b)(ii)(C)(III) prohibit a government entity from acting; or
                        (6)(b)(ii)(C)(IV) utilize an administrative or judicial proceeding of a government entity, or an instrumentality or function of a government entity, to exert government power, authority, or influence. See Utah Code 63G-33-101
(2) Except as provided in Subsection (3):

     (2)(a) a government entity may not substantially burden the free exercise of religion of a person, regardless of whether the burden results from a rule of general applicability; and
     (2)(b) a person other than a government entity may not seek to apply or enforce government action against another person that substantially burdens the free exercise of religion of the other person, regardless of whether the burden results from a rule of general applicability.
(3) A government entity or government action may substantially burden a person’s free exercise of religion only if the government entity, or any other person seeking to enforce government action, demonstrates that the burden on the person’s free exercise of religion is:

     (3)(a) essential to furthering a compelling governmental interest; and
     (3)(b) the least restrictive means of furthering the compelling governmental interest.
(4) A person whose free exercise of religion is burdened in violation of this section:

     (4)(a) may assert the violation as a claim or defense in a judicial or administrative proceeding to obtain relief, regardless of whether a government entity is a party to the proceeding; and
     (4)(b) is not required to exhaust administrative remedies before bringing a claim, or raising a defense, described in this Subsection (4).
(5)

     (5)(a) Except as provided in Subsection (5)(b), a person may not bring an action under this section against a government entity described in Subsections 63G-33-101(4)(a)(i) through (iii) unless, at least 60 days before the day on which the person brings the action, the person provides written notice to the government entity, in accordance with Subsections 63G-7-401(3)(b) through (d), that:

          (5)(a)(i) states that the person intends to bring an action against the entity for a violation of this section;
          (5)(a)(ii) describes the government action that has burdened or will burden the person’s free exercise of religion; and
          (5)(a)(iii) describes the manner in which the government action burdens or will burden the person’s free exercise of religion.
     (5)(b) Subsection (5)(a) does not apply if the government action alleged in the action:

          (5)(b)(i) is ongoing, and complying with Subsection (5)(a) will place an undue hardship on the person or increase the harm suffered by the person; or
          (5)(b)(ii) is likely to occur or reoccur before the end of the 60-day period described in Subsection (5)(a).
(6) A person who prevails in an action to enforce the provisions of this section against a government entity is entitled to recover reasonable attorney fees and costs.

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