HB 952

As Introduced
136th General Assembly
   Regular Session  H. B. No. 952
       2025-2026
  Representatives Mathews, A., Fischer
  To enact section 9.51 of the Revised Code to  1
  provide for the preservation of religious  2
  freedom and to name this act the Ohio Religious  3
  Freedom Restoration Act.  4
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That section 9.51 of the Revised Code be  5
enacted to read as follows:  6
     Sec. 9.51. (A) As used in this section:  7
     (1) "Exercise of religion" means any exercise of religion,  8
whether or not compelled by, or central to, a system of  9
religious belief, including, but not limited to, the practice or  10
observance of religion under Ohio Constitution, Article I,  11
Section 7 or the free exercise clause of the First Amendment to  12
the United States Constitution.  13
     (2) "Governmental entity" includes the state and any  14
branch, department, agency, instrumentality, and official or  15
other person acting under color of law of this state, or any  16
political subdivision of this state.  17
     (B) A governmental entity shall not substantially burden a  18
person's exercise of religion, even if the burden results from a  19
rule of general applicability, except as provided in division  20
H. B. No. 952  Page 2
As Introduced
(C) of this section.  21
       (C) A governmental entity may substantially burden a  22
person's exercise of religion if it demonstrates that the  23
application of the burden to the person is both:  24
       (1) In furtherance of a compelling governmental interest;  25
       (2) The least restrictive means of furthering such  26
compelling governmental interest.  27
       (D)(1) A person whose religious exercise has been burdened  28
in violation of this section may bring an action in the court of  29
common pleas of Franklin county or the court of common pleas of  30
the county in which the person resides, and obtain appropriate  31
relief against a governmental entity.  32
       (2) Notwithstanding any other law to the contrary, a  33
governmental entity waives its immunity from liability for  34
actions brought under this section.  35
       (E) In any action or proceeding to enforce a provision of  36
this section, a court may allow the prevailing party, other than  37
a governmental entity, reasonable attorney's fees, provided that  38
in any action brought against a judicial officer for an act or  39
omission taken in the officer's judicial capacity, the officer  40
shall not be held liable for any costs, including attorney's  41
fees, unless such act or omission was clearly in excess of the  42
officer's jurisdiction.  43
       (F)(1) Nothing in this section shall be construed to  44
affect, interpret, or in any way address the portion of the  45
First Amendment to the United States Constitution prohibiting  46
laws respecting the establishment of religion.  47
       (2) Granting government funding, benefits, or exemptions  48
H. B. No. 952  Page 3
As Introduced
to the extent permissible under the establishment clause of the  49
First Amendment to the United States Constitution does not  50
constitute a violation of this section. As used in this  51
division, "granting" does not include the denial of government  52
funding, benefits, or exemptions.  53
       Section 2. This act shall be known as the Ohio Religious  54
Freedom Restoration Act.  55