                                 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.