An Act To Protect Religious Freedom
Maine Legislature, Session 126, LD 1428
Committee Amendment CA_A_S390 (Senate)

COMMITTEE AMENDMENT 'A" to S.P. 514, L.D. 1428, Bill, "An Act To 
Protect Religious Freedom" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRSA c. 337-D is enacted to read: 
CHAPTER 337-D 
PRESERVATION OF RELIGIOUS FREEDOM 
§4801. Short title 
This chapter may be known and cited as "the Preservation of Religious Freedom 
Act." 
§4802. Findings 
The Legislature makes the following findings: 
1. Federal Constitution. The framers ofthe United States Constitution, recognizing 
free exercise of religion as a fundamental and unalienable right, secured its protection in 
the First Amendment of the United States Constitution; 
2. State Constitution. The framers of the Constitution of Maine, also recognizing 
free exercise of religion as a fundamental and unalienable right, secured its protection in 
the Constitution of Maine; 
3. Exercise of religion burdened. Laws and other government actions neutral 
toward religion may burden exercise of religion as surely as laws intended to interfere 
with religious exercise; 
4. 
Compelling government interest. 
Government action should not burden 
exercise of religion without a compelling interest; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 514, L.D. 1428 
5. Effect of 1990 decision. Prior to 1990, laws and other government actions 
burdening exercise of religion had to be justified by a compelling interest. 
In 
Employment Division v. Smith, 494 U.S. 872 (1990), the United States Supreme Court 
significantly curtailed the requirement that laws and other government actions burdening 
the exercise of religion be justified by a compelling interest; 
6. Reassertion of compelling interest test. The compelling interest test set forth in 
this chapter and in federal court rulings prior to Employment Division v. Smith, including 
Wisconsin v. Yoder, 406 U.S. 205 (1972), and Sherbert v. Verner, 374 U.S. 398 (1963), 
is a workable test for striking sensible balances between religious liberty and competing 
governmental interests; and 
7. Role of legislative bodies to protect free exercise of religion. Gonzales v. 0 
Centro Espirita Beneficente Uniao do Vegetal, 546 U.S. 418 (2006), indicates that 
legislative bodies may enact statutory law for their jurisdictions requiring that laws and 
other government actions burdening the free exercise of religion be justified by a 
compelling state interest. Many states have done so, passing laws similar to this Act. 
§4803. Purposes 
The purposes of this Act are: 
1. Application of compelling interest test. To restore the compelling interest test 
as set forth in Wisconsin v. Yoder, 406 U.S. 205 (1972), and Sherbert v. Verner, 374 U.S. 
(1963), and to guarantee its application in all cases in which the government 
substantially burdens the exercise of religion; and 
2. Provide claim or defense. To provide a claim or defense to a person whose 
exercise of religion is burdened by the government. 
§4804. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. 
Burden. 
"Burden" means a government action that directly or indirectly 
constrains, inhibits, curtails or denies the exercise of religion by a person or compels an 
action contrary to a person's free exercise of religion. "Burden" also includes, but is not 
limited to, a government action that withholds benefits from a person, assesses criminal, 
civil or administrative penalties on a person or excludes a person from government 
programs or access to government facilities. 
2. Exercise of religion. "Exercise of religion" means the practice or observance of 
religion. "Exercise of religion" includes, but is not limited to, the ability to act or refuse 
to act in a manner substantially motivated by a person's sincerely held religious belief, 
whether or not the exercise of religion is compulsOlY or central to a larger system of 
religious belief. 
3. Government. "Government" means the State and a political subdivision of the 
State. 
4. Person. "Person" means an individual, association, partnership, corporation, 
church, religious institution, estate, trust, foundation or other legal entity. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 514, LD. 1428 
§4805. Free exercise of religion protected 
1. 
Substantial burden prohibited; exceptions. 
The government may not 
substantially burden a person's exercise of religion, even if the burden results from a rule 
of general applicability, unless the government demonstrates that applying the burden to 
the person's exercise of religion in this particular instance: 
A. Is in furtherance of a compelling governmental interest; and 
B. Is the least reshictive means of furthering that compelling governmental interest. 
2. Claim or defense; relief. A person whose exercise of religion has been burdened, 
or is substantially likely to be burdened, in violation of this chapter may assert the 
violation as a claim or defense in a judicial proceeding. The person asserting such a 
claim or defense may obtain appropriate relief, including relief against the government. 
Appropriate relief includes, but is not limited to, injunctive relief, declaratory relief, 
compensatory damages and costs and attorney's fees.' 
SUMMARY 
This amendment, which is the minority report, replaces the bilL It codifies legislative 
findings that summarize the enshrinement of the right to the free exercise of religion in 
the United States Constitution and the Constitution of Maine and case law of the United 
States Supreme Court interpreting the fundamental and unalienable right to the free 
exercise of religion, as well as the extent to which a legislative body can legislate in this 
area. 
Specifically, the amendment enacts the Preservation of Religious Freedom Act, 
which has as its purpose the restoration of the compelling interest test as set forth in 
Wisconsin v. Yoder, 406 U.S. 205 (1972), and Sherbert v. Verner, 374 U.S. 398 (1963). 
The amendment guarantees the application of the compelling interest test in all cases in 
which the government substantially burdens the exercise of religion and provides a claim 
or defense to a person whose exercise of religion is burdened by the government. 
This amendment provides that the government may not directly or indirectly burden a 
person's exercise of religion unless the application of the burden to the person is in 
furtherance of a compelling governmental interest and is accomplished through the least 
restrictive means. 
This amendment allows a person whose exercise of religion has been or is 
substantially likely to be burdened in violation of this legislation to assert the violation as 
a claim or defense in a court action. 
This amendment's requirement that the government's infringement upon the free 
exercise of religion be justified by a compelling interest is similar to the requirement 
placed on the Federal Government through the Religious Freedom Restoration Act of 
1993 and that of 18 other states that have passed similar protections. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/06114 ;'b?ac:.. 
LD 1428 
LR 1803(02) 
An Act To Protect Religious Freedom 
Fiscal Note for Bill as Amended by Committee Ameridment '!t\" (S- 3crO) 
Committee: Judiciary 
. 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil cases. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
This bill may result in additional litigation costs, including compensatory damages and costs and attorney fees. The 
Department of the Attorney General and the effected state agencies will require additional General Fund 
appropriations to support these costs. The amount required will depend on the number of actions and the specifics of 
each individual case and cannot be estimated at this time. 
LR1803(02) - Fiscal Note - Page 1 of 1 
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