North Carolina HB 776: NC Religious Freedom Restoration Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 776

Short Title: NC Religious Freedom Restoration Act. (Public)
Sponsors: Representatives Echevarria, Arp, N. Jackson, and Moss (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 7, 2025
*H776-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO FURTHER PROTECT THE PRACTICE OF RELIGION AND TO ENACT THE 2
NORTH CAROLINA RELIGIOUS FREEDOM RESTORATION ACT. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. It is the intent of the General Assembly that religious gatherings in 5
places of worship and homes be free from restrictions that may be caused by the incidental effects 6
of neutral laws of general applicability. Neutrally applied action by counties, local municipalities, 7
or homeowners' associations that incidentally burden the practice of religion can have effects 8
akin to harassment, even if not intended. The purpose of this act is to better ensure that no human 9
authority may restrict faith practices. 10
SECTION 2. G.S. 41A-4 reads as rewritten: 11
"§ 41A-4. Unlawful discriminatory housing practices. 12
(a) It is an unlawful discriminatory housing practice for any person in a real estate 13
transaction, to whom the requirements and prohibitions of this Chapter apply, because of race, 14
color, religion, sex, national origin, handicapping condition, or familial status to:to do any of the 15
following: 16
... 17
(e) It is an unlawful discriminatory housing practice to coerce, intimidate, threaten, or 18
interfere with any person in the exercise or enjoyment of, on account of having exercised or 19
enjoyed, or on account of having aided or encouraged any other person in the exercise or 20
enjoyment of any right granted or protected by this Chapter. 21
... 22
(h) With respect to subdivision (a)(8) of this section, it is an unlawful discriminatory 23
housing practice for any governmental entity or a homeowners' association to restrict religious 24
gatherings in a dwelling or to burden the practice of religion in the neighborhood or area in which 25
the dwelling is located." 26
SECTION 3.(a) Chapter 99D of the General Statutes is amended by adding a new 27
Article to read: 28
"Article 2. 29
"The North Carolina Religious Freedom Restoration Act. 30
"§ 99D-20. Short title. 31
This Article shall be known and may be cited as the North Carolina Religious Freedom 32
Restoration Act. 33
"§ 99D-21. Purpose. 34

General Assembly Of North Carolina Session 2025
Page 2 House Bill 776-First Edition
The purposes of this Article are to (i) ensure that in all cases where State action burdens the 1
exercise of religion, strict scrutiny is applied and (ii) provide a claim or defense to a person whose 2
exercise of religion is burdened by State action. 3
"§ 99D-22. Definitions. 4
The following definitions apply in this Article: 5
(1) Burden. – Any action that directly or indirectly constrains, inhibits, curtails, 6
or denies the exercise of religion by any person or compels any action contrary 7
to a person's exercise of religion. The term includes, but is not limited to, 8
withholding benefits; assessing criminal, civil, or administrative penalties; or 9
exclusion from governmental programs or access to governmental facilities. 10
(2) Compelling governmental interest. – A governmental interest of the highest 11
magnitude that cannot otherwise be achieved without burdening the exercise 12
of religion. 13
(3) Exercise of religion. – The practice or observance of religion. The term 14
includes, but is not limited to, the ability to act or refuse to act in a manner 15
substantially motivated by one's sincerely held religious beliefs, whether or 16
not the exercise is compulsory or central to a larger system of religious belief. 17
(4) Person. – Any individual, association, partnership, corporation, church, 18
religious institution, estate, trust, foundation, or other legal entity. 19
(5) State action. – The implementation or application of any law, including, but 20
not limited to, State and local laws, ordinances, rules, regulations, and 21
policies, whether statutory or otherwise, or other action by the State or any 22
political subdivision of the State and any local government, municipality, 23
instrumentality, or public official authorized by law in the State. 24
"§ 99D-23. Free exercise of religion protected. 25
(a) State action shall not burden a person's right to exercise of religion, even if the burden 26
results from a rule of general applicability, unless it is demonstrated that applying the burden to 27
that person's exercise of religion in this particular instance is both of the following: 28
(1) Essential to further a compelling governmental interest. 29
(2) The least restrictive means of furthering that compelling governmental 30
interest. 31
(b) A person whose exercise of religion has been burdened, or is likely to be burdened, 32
in