(C) The First Amendment to the United States Constitution;
(4) "Fraudulent claim" means a claim that is dishonest in fact or that is made principally for a patently improper purpose including without limitation to harass the opposing party;
(5) "Frivolous claim" means a claim that completely lacks merit under existing law and cannot be supported by a good faith argument for the extension, modification, or reversal of existing law or the establishment of new law;
(6) "Government entity" means:
(A) A branch, department, agency, board, commission, or other instrumentality of:
(7) "Prevails" means to obtain prevailing party status as defined by courts construing the federal Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. § 1988.
16-123-403. Religious freedom preserved.
(a) Except as provided in subsection (b) of this section, no government entity shall burden a person’s free exercise of religion through the enforcement of a rule of general applicability or otherwise.
(b) No government entity shall burden a person’s free exercise of religion unless it demonstrates by a preponderance of the evidence that application of the burden to the person and the specific act or refusal to act is:
(1) Essential to further a compelling governmental interest; and(2) The least restrictive means of furthering the compelling governmental interest.
16-123-404. Construction and applicability.
This subchapter does not:
(1) Authorize a government entity to burden a religious belief;
(3) Prohibit a grant of government funds, benefits, or exemptions to the extent permissible under those portions of this subchapter, Article 2, §§ 24-26 of the Arkansas Constitution, or the First Amendment to the United States Constitution that prohibit laws respecting the establishment of religion. 16-123-405. Remedies and penalties.
(a)(1) A person whose exercise of religion has been burdened by a government entity in violation of this subchapter may in any judicial or administrative proceeding before a court or other tribunal of competent jurisdiction assert the violation as a claim or defense.
(2) The court or tribunal may grant any combination of declaratory relief, injunctive relief, and monetary damages deemed appropriate for the violation.
(b) A person who prevails against a government entity in any proceeding to enforce this subchapter may recover reasonable costs and attorney’s fees.