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Kansas · Through 2025 legislative session

K.S.A. 60-5303: Exercise of religion; burden of proof; remedies.

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Where this section sits in the code
  1. Chapter 60.—PROCEDURE, CIVIL
  2. Article 53.—EXERCISE OF FIRST AMENDMENT RIGHTS

(a) Government shall not substantially burden a person's civil right to exercise of religion even if the burden results from a rule of general applicability, unless such government demonstrates, by clear and convincing evidence, that application of the burden to the person:

(1) Is in furtherance of a compelling governmental interest; and

(2) is the least restrictive means of furthering that compelling governmental interest.

(b) A person whose exercise of religion has been burdened, or is substantially likely to be burdened, in violation of this act, may assert such violation as a claim or defense in a judicial proceeding. A court may grant appropriate relief as may be necessary including:

(1) Injunctive relief;

(2) protective order;

(3) writ of mandamus or prohibition;

(4) declaratory relief;

(5) actual damages; or

(6) costs and attorney fees determined by the court.

(c) Any person found by a court of competent jurisdiction to have abused the protection of this act by making a fraudulent claim may be enjoined from filing further claims under this act without leave of court.

Collected 2026-10-15T06:22:21Z. Source file · JSON

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