§ 110.001.Definitions

Four definitions and an interpretive direction, and the first definition contains the chapter’s most consequential sentence.

"Free exercise of religion" means an act or refusal to act that is substantially motivated by sincere religious belief.

Then the sentence that matters: it is not necessary to determine that the act or refusal to act is motivated by a central part or central requirement of the person’s sincere religious belief.

That removes a court from an inquiry it is poorly placed to make. Asking whether a practice is central to a religion requires a secular judge to rank religious obligations, which courts had been criticised for attempting.

The effect is to widen protection considerably. A practice sincerely held but peripheral to the faith is protected on the same terms as a core obligation.

"Substantially motivated" and "sincere" are what remain of the filter, and sincerity — unlike centrality — is a question courts routinely decide.

Covering a refusal to act as well as an act is essential. Most religious liberty claims are about not doing something.

"Government agency" reaches the state, municipalities and other political subdivisions, and every department, bureau, board, commission, office, agency, council and public institution of higher education.

"Place of worship" means a building or grounds where religious activities are conducted, which supports the separate prohibition on closure orders.

Subsection (b) directs a court determining compelling governmental interest to give weight to federal free exercise case law, which imports a developed body of doctrine rather than leaving the term at large.