Religious practice during a state of emergency.

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  • (1) During a state of emergency declared as described in this chapter:
    • (a) the governor or chief executive officer of a political subdivision may not impose a restriction on a religious gathering that is more restrictive than a restriction on any other relevantly similar gathering; and
    • (b) an individual, while acting or purporting to act within the course and scope of the individual's official government capacity, may not:
      • (i) prevent a religious gathering that is held in a manner consistent with any order or restriction issued pursuant to this part; or
      • (ii) impose a penalty for a previous religious gathering that was held in a manner consistent with any order or restriction issued pursuant to this part.
  • (2) Upon proper grounds, a court of competent jurisdiction may grant an injunction to prevent the violation of this section.
  • (3) During a state of emergency declared as described in this title, the governor or the chief executive of a political subdivision shall not issue an executive order or impose or implement a regulation that substantially burdens an individual's exercise of religion unless the governor or chief executive officer of the political subdivision demonstrates that the application of the burden to the individual:
    • (a) is in furtherance of a compelling government interest; and
    • (b) is the least restrictive means of furthering that compelling government interest.
  • (4) Notwithstanding Subsections (1) and (3), an executive order shall allow reasonable accommodations for an individual to perform or participate in a religious practice or rite.




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