Senate Bill 2534

AN ACT TO PROTECT RELIGIOUS STUDENT ASSOCIATIONS BY PROHIBITING A MISSISSIPPI INSTITUTION OF HIGHER LEARNING OR PUBLIC COMMUNITY COLLEGE FROM DENYING ANY BENEFIT AVAILABLE TO ANY OTHER STUDENT ASSOCIATION OR DISCRIMINATING AGAINST A RELIGIOUS STUDENT ASSOCIATION BASED ON ITS REQUIREMENT THAT ITS LEADERS OR MEMBERS COMPLY WITH RELIGIOUS BELIEFS OR PRACTICES; PROTECTING STUDENTS' FREE EXERCISE OF RELIGION; AND PROVIDING JUDICIAL RELIEF; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Protection of religious student associations. (1) No Mississippi state institution of higher learning or public community college may take any action or enforce any policy that would deny a religious student association any benefit available to any other student association, or discriminate against a religious student association with respect to such benefit, based on that association's requirement that its leaders or members:

(a) Adhere to the association's sincerely held religious beliefs;

(b) Comply with the association's sincere religious observance requirements;

(d) Be committed to furthering the association's religious missions;

as such religious beliefs, observance requirements, standards of conduct or missions are defined by the religious student association, or the religion upon which the association is based.

(2) The legal standard provided in Section 2(2) shall not apply to this Section 1.

SECTION 2. Protection of students' free exercise of religion. (1) In addition to the protections provided in Section 1, no Mississippi state institution of higher learning may substantially burden a student's exercise of religion, even if the burden results from a rule of general applicability, except as provided in subsection (2) of this section.

(2) A Mississippi state institution of higher learning or public community college may substantially burden a student's exercise of religion only if that institution demonstrates that application of the burden to the student:

(a) Is in furtherance of a compelling interest of the state institution of higher learning or community college;

(b) Actually furthers that interest; and

SECTION 3. Judicial relief. A student or religious student association aggrieved by a violation of Section 1 or 2 may assert that violation as a claim or defense in a judicial or administrative proceeding against the state institution of higher learning and obtain appropriate relief, including damages, against that institution from a circuit court with proper jurisdiction.

SECTION 4. Definitions. As used in this act:

(a) "Benefit" includes, without limitation:

(i) Recognition;

(ii) Registration;

(iii) The use of facilities of the state institutions of higher learning or community colleges for meetings or speaking purposes;

(iv) The use of channels of communication of the state institution of higher learning; and

(v) Funding sources that are otherwise available to other student associations in the state institutions of higher learning or community colleges.

(b) "Exercise of religion" includes without limitation the practice or observance of religion as interpreted under state law or the First Amendment of the U.S. Constitution, whichever interpretation is broader.

(c) "State institution of higher learning" or "public community college" includes any state postsecondary educational institution governed or supervised by the Board of Trustees of State Institutions of Higher Learning or a board of trustees of a public community college.

(d) "Substantially burdens" includes without limitation an action by a state institution of higher learning which directly or indirectly:

(i) Constrains or inhibits conduct or expression that reflects a student's sincerely held religious beliefs;

(ii) Denies a student an opportunity to engage in religious activities; or

(iii) Pressures a student either:

1. To not engage in conduct or expression motivated by a sincerely held religious belief; or

2. To engage in conduct or expression contrary to a sincerely held religious belief.

(e) "Student" means a person who is enrolled full time or part time in a state institution of higher learning.

(f) "Religious student association" means an association of students organized around shared religious beliefs.

SECTION 5. Broad rule of construction. These provisions shall be construed in favor of a broad protection of religious freedom, to the maximum extent permitted by their terms and by the Constitutions of this state and the United States of America.

SECTION 6. Severability. If any provision, section or subsection of this act or the application of any provision, section or subsection to any person or circumstance is held invalid, the remainder of this act shall be given effect without the invalid provision, section or subsection. The provisions of this act are severable.

SECTION 7. This act shall take effect and be in force from and after July 1, 2014.