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Ark. Code Ann. § 16-123-404

Free exercise of religion protected

Applied in 2 court decisions — leading case In re Kemp (2018)

Most recently applied in In Re: Honorable John Kemp v. (July 2018)

Acts 2015, No. 975, § 1.

(1) A government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except that a government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person is: In furtherance of a compelling governmental interest; and

(2) The least restrictive means of furthering that compelling governmental interest.

(3) A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government.

(4) Standing to assert a claim or defense under this section is governed by the general rules of standing under statute, the Arkansas Rules of Criminal Procedure, the Arkansas Rules of Civil Procedure, or any court holding from the state's appellate courts.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.