Indiana § 10-14-3-12.5 - No restrictions may be imposed on a religious organization that are more restrictive than those imposed on other essential service providers

§ 10-14-3-12.5. No restrictions may be imposed on a religious organization that are more restrictive than those imposed on other essential service providers

Sec. 12.5. (a) The following definitions apply throughout this section:

(1) "Disaster emergency" means:

(A) a state or local disaster emergency declared under IC 10-14-3; and

(B) an epidemic described in IC 16-19-3-10.

(2) "Religious organization" means an organization, a religious society, a church or other house of worship, a body of communicants, an educational institution, or a group organized and operated for religious purposes, regardless of whether it is integrated or affiliated with a church or other house of worship. The term includes an officer, owner, employee, manager, religious leader, clergy, or minister of an organization described in this subdivision.

(3) "Religious service" means a meeting, a gathering, or an assembly of two (2) or more persons organized by a religious organization for the purpose of worship, teaching, training, providing educational services, conducting religious rituals, or other activities undertaken by the religious organization for the exercise of religion.

(b) Religious organizations provide essential services that are necessary for the health and welfare of the public during a disaster emergency. Subject to section 12.7 of this chapter, the state and a political subdivision may not impose restrictions on:

(1) the operation of a religious organization; or

(2) religious services;

that are more restrictive than the restrictions imposed on other businesses and organizations that provide essential services to the public.

(c) This section does not prohibit the state or a political subdivision from requiring a religious organization to comply with a generally applicable health, safety, or occupancy requirement that is neutral towards religious organizations and equally applicable to any organization or business that provides essential services. However, the state or political subdivision may not enforce any health, safety, or occupancy requirement that imposes a substantial burden on a religious service unless the state or political subdivision demonstrates that applying the burden to the religious service in this particular instance is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.

(d) A person may assert a violation of this section as a claim against the state or a political subdivision in any judicial or administrative proceeding, or as a defense in any judicial or administrative proceeding, without regard to whether the proceeding is brought by or in the name of the state, political subdivision, or any other party.

As added by P.L.99-2021, SEC.3.