SUMMARY:  LC 41 0307ER  The Preventing Government Overreach on Religious Expression Act

Prohibits government (including school districts) from substantially burdening a person's exercise of religion.

(Exception:  if government demonstrates that the application of such burden to a person is in furtherance of a compelling government interest and the least restrictive means of furthering such interest.)
 

DEFINITIONS:

•  Exercise of religion:  the practice or observance of religion, including the use, building, or conversion of real property for the observance of religion.
• Burden: any matter which limits, restricts, or is onerous to the exercise of religion.

POINTS TO CONSIDER:

• A person whose religious exercise has been burdened may assert a claim in a judicial proceeding and obtain appropriate relief. 
• This legislation:
  • shall not impair the fundamental right of every parent to control the care an custody of minor children, including control over education...
  • does not create an rights by an employee against an employer if the employer is not government
  • apply in any criminal case involving a sexual offense committed against a minor
  • does not apply to penal institutions or probation programs 

EFFECTIVE DATE:  Upon approval by the General Assembly and the Governor.