Ohio Religious Freedom Restoration Act

The American Council supports HB952 and urges every Ohio legislator to vote yes. This bill enacts a new section 9.51 of the Ohio Revised Code, establishing what will be known as the Ohio Religious Freedom Restoration Act. It is a measured, principled protection for one of our most fundamental liberties, and its passage is long overdue.

At the heart of the bill is a clear prohibition: no governmental entity in Ohio, from state agencies to local political subdivisions, may substantially burden a person's religious exercise, even when that burden flows from a rule of general applicability. The bill's definition of religious exercise is appropriately broad, covering any practice or observance whether or not it is compelled by or central to a formal belief system, consistent with both the Ohio Constitution and the First Amendment. This breadth matters because faith is lived in the full texture of daily life, not only in its most doctrinal moments.

The bill is not absolute, and we respect its balance. Government may still substantially burden religious exercise when it can demonstrate a compelling governmental interest and when the burden is the least restrictive means of furthering that interest. This is the same rigorous standard that has protected Americans under the federal Religious Freedom Restoration Act for decades. Applying it uniformly across all Ohio governmental actors gives every Ohioan the same floor of protection regardless of which agency or subdivision they face.

Critically, HB952 gives this protection teeth. A person whose religious exercise has been burdened in violation of the new section may bring a civil action in the court of common pleas of Franklin County or in their home county. Governmental immunity is waived for such actions, and a court may award reasonable attorney's fees to a prevailing non-governmental party. Without enforcement, rights are merely aspirational. With it, they are real.

The bill is carefully drawn to avoid overreach. It explicitly states that nothing in the section shall be construed to affect or interpret the Establishment Clause, and it clarifies that the denial of government funding or benefits is not shielded by the section's carve-out for permissible grants and exemptions. These guardrails reflect serious draftsmanship and answer in advance the most common objections raised against religious liberty legislation. The American Council is confident this bill can be defended on every side of the constitutional ledger.

We call on Ohio's legislators to pass HB952 without delay. When government burdens faith, Ohioans deserve a clear statutory right, a meaningful day in court, and real relief. This bill delivers all three. Please contact your legislator today and ask them to vote yes.