Current through the 2024 Fourth Special Session
Section 53-2a-219 - Religious practice during a state of emergency(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.Added by Chapter 437, 2021 General Session ,§ 24, eff. 5/5/2021.