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Illinois Religious Freedom Restoration Act (IRFRA)

Illinois Compiled Statutes
Human Rights - 775 ILCS 35

Sec. 5. Definitions.

In this Act:

"Demonstrates" means meets the burdens of going forward with the evidence and of persuasion.

"Exercise of religion" means an act or refusal to act that is substantially motivated by religious belief, whether or not the religious exercise is compulsory or central to a larger system of religious belief.

"Government" includes a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the State of Illinois or a political subdivision of the State, including a home rule unit.

Sec. 10. Findings and purposes.

(Omitted for brevity)

Sec. 15. Free exercise of religion protected.

Government may not substantially burden a person's exercise of religion, even if the burden results from a rule of general applicability, unless it demonstrates that application of the burden to the person (i) is in furtherance of a compelling governmental interest and (ii) is the least restrictive means of furthering that compelling governmental interest.

Sec. 20. Judicial relief.

(Omitted for brevity)

Sec. 25. Application of Act; home rule powers.

(a) This Act applies to all State and local (including home rule unit) laws, ordinances, policies, procedures, practices, and governmental actions and their implementation, whether statutory or otherwise and whether adopted before or after the effective date of this Act.

(b) Nothing in this Act shall be construed to authorize a government to burden any religious belief.

(c) Nothing in this Act shall be construed to affect, interpret, or in any way address any of the following: (i) that portion of the First Amendment of the United States Constitution prohibiting laws respecting the establishment of religion, (ii) the second sentence of Article I, Section 3 of the Illinois Constitution, or (iii) Article X, Section 3 of the Illinois Constitution. Granting government funding, benefits, or exemptions, to the extent permissible under the 3 constitutional provisions described in items (i), (ii), and (iii) of this subsection, does not constitute a violation of this Act. In this subsection, "granting", used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.

(d) The corporate authorities of a municipality or other unit of local government may enact ordinances, standards, rules, or regulations that protect the free exercise of religion in a manner or to an extent equal to or greater than the protection provided in this Act. If an ordinance, standard, rule, or regulation enacted under the authority of this Section or under the authority of a unit of local government's home rule powers prohibits, restricts, narrows, or burdens a person's exercise of religion or permits the prohibition, restriction, narrowing, or burdening of a person's exercise of religion, that ordinance, standard, rule, or regulation is void and unenforceable as to that person if it (i) is not in furtherance of a compelling governmental interest and (ii) is not the least restrictive means of furthering that governmental interest. This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

 Illinois Congress in Session.

RFRA Fails State Test

The State of Illinois passed the Illinois Religious Freedom Restoration Act after the Supreme Court had determined that the Religious Freedom Restoration Act (RFRA) lacked jurisdiction over the States.

Vehicle Code Fails IRFRA Test

The Illinois Vehicle Code and Administrative Code are in conflict with the Illinois Religious Freedom Restoration Act.

The State violates the Act in several ways:

  • The Act clearly defines that an individual's refusal to act is an "exercise of religion" whether it is mandated by, or common to, any religious group. The State requires religious leader attestation that the applicant's beliefs are held by the entire religious group.
  • The State has refused to issue driver's licenses to applicants because other members of his/her denomination have used an SSN for identification, in violation of the Act's exclusionary definition of "Exercise of religion". Thereby the applicant is judged by the conscience of others, in conflict with law.
  • The State places a burden upon the license applicant through a rule of general applicability that does not demonstrate to the applicant a compelling lawful reason for refusing issuance of a substitute number for internal use.
  • The State's requirement for SSN identification is not "the least restrictive means of furthering ... compelling government interest".
  • The statute, rules, and procedures do not demonstrate the furtherance of any "compelling governmental interest."
  • The applicant is denied due process. The State sanctions the applicant as a convicted lawbreaker, without proof of guilt, indictment, or probable cause. Only those citizens, which have a judgment of parental misconduct, are required to submit an SSN for State scrutiny. There is no law that requires a citizen to submit to judgment and punishment for a crime that he/she did not commit.
  • The State does not provide reasonable means to accommodate the applicant's exercise of religion. There are less restrictive means available to determine whether an applicant has been judged for a parental crime.

 

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