60-5304. Exercise of religion; compelling governmental interest. In determining whether a compelling governmental interest is sufficient to justify a substantial burden on a person's exercise of religion pursuant to K.S.A. 2021 Supp. 60-5303, and amendments thereto, only those interests of the highest order and not otherwise served can overbalance the fundamental right to the exercise of religion preserved by this act. In order to prevail under the standard established pursuant to subsection (a) of K.S.A. 2021 Supp. 60-5303, and amendments thereto, the government shall demonstrate that such standard is satisfied through application of the asserted violation of this act to the particular claimant whose sincere exercise of religion has been burdened. The religious liberty interest protected by this act is an independent liberty that occupies a preferred position, and no encroachments upon this liberty shall be permitted, whether direct or indirect, unless required by clear and compelling governmental interests of the highest order.
History: L. 2013, ch. 47, ยง 3; July 1.
Structure Kansas Statutes
Article 53 - Exercise Of First Amendment Rights
60-5303 Exercise of religion; burden of proof; remedies.
60-5304 Exercise of religion; compelling governmental interest.
60-5311 Exercise of religion by religious student associations; definitions.
60-5312 Same; prohibition on certain actions by postsecondary educational institutions.
60-5313 Same; cause of action.
60-5320 Public speech protection act.
60-5321 Traditional tribal regalia and objects of cultural significance, wearing of.