EXECUTIVE DEPARTMENT
EXECUTIVE ORDER NO. BJ 2015 – 8
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MARRIAGE AND CONSCIENCE ORDER
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WHEREAS,

Article I, Section 1 of the Louisiana Constitution is titled “Origin and Purpose of
Government”, and provides:
All government, of right, originates with the people, is founded on their
will alone, and is instituted to protect the rights of the individual and for
the good of the whole. Its only legitimate ends are to secure justice for all,
preserve peace, protect the rights, and promote the happiness and general
welfare of the people. The rights enumerated in this Article are
inalienable by the state and shall be preserved inviolate by the state.

WHEREAS,

in 1974, the people of the State of Louisiana chose to adopt the exact language found in
the First Amendment of the Constitution of the United States of America regarding
religious free exercise as Article 1, Section 8 of the Constitution of Louisiana:
No law shall be enacted respecting an establishment of religion or
prohibiting the free exercise thereof.

WHEREAS,

in 2010, the Governor made part of his legislative package and signed into law the
Preservation of Religious Freedom Act to further protect the free exercise of religion by
making clear:
Government shall not substantially burden a person's exercise of religion,
even if the burden results from a facially neutral rule or a rule of general
applicability, unless it demonstrates that application of the burden to the
person is both:
(1) In furtherance of a compelling governmental interest.
(2) The least restrictive means of furthering that compelling governmental
interest.

WHEREAS,

the federal Religious Freedom Restoration Act contains virtually identical language to
prohibit the federal government from imposing a substantial burden upon a person’s
exercise of religion absent a compelling governmental interest and a showing that the
action taken is the least restrictive means of furthering that compelling governmental
interest;

WHEREAS,

in June, 2014, the United States Supreme Court, in Burwell v. Hobby Lobby Stores, Inc.,
134 S.Ct. 2751 (2014), expressly held that the federal Religious Freedom Restoration Act
of 1993 prohibits the federal government from requiring a “person” to act in
contravention of a sincerely held religious belief, and that the definition of “person”
includes individuals, non-profit, or for-profit corporations;

WHEREAS,

federal and state law each contain nearly identical, expansive definitions of “person”,
while the Preservation of Religious Freedom Act’s definition includes certain terms, but
does not exclude the more expansive state law definition:
“Person” is defined by La. R.S. 1:10: “Unless it is otherwise clearly indicated, the
word ‘person’ includes a body of persons, whether incorporated or not.”
“Person” is defined in 1 USC 1: “In determining the meaning of any Act of
Congress, unless the context indicates otherwise—…the words ‘person’ and
‘whoever’ include corporations, companies, associations, firms, partnerships,
societies, and joint stock companies, as well as individuals;…”

 “A person” is defined in La. R.S. 13:5234: “‘A person’ includes an individual and
also includes a church, association of churches or other religious order, body or
institution which qualifies for exemption from taxation under Section 501(c)(3) or
(d) of the Internal Revenue Code of 1986 (Public law 99-514, 26 U.S.C. Section
501).” (Emphasis added.)
WHEREAS,

it is of preeminent importance that government take no adverse action against a person,
wholly or partially, on the basis that such person acts in accordance with his religious
belief that marriage is or should be recognized as the union of one man and one woman,
but that this principle not be construed to authorize any act of discrimination.

WHEREAS,

specifically, government should take no adverse action to:
1. Deny or revoke an exemption from taxation pursuant to La. R.S.
47:287.501 of the person who is acting in accordance with his religious
belief;
2. Disallow a deduction for state tax purposes of any charitable contribution
made to or by such person;
3. Deny or exclude such person from receiving any state grant, contract,
cooperative agreement, loan, professional license, certification,
accreditation, employment, or other similar position or status; or
4. Deny or withhold from such person any benefit under a state benefit
program;

WHEREAS,

the state should consider any person who would be accredited, licensed, or certified butfor a determination against such person on the basis that the person acts in accordance
with his own religious belief about the institution of marriage, to be accredited, licensed,
or certified for purposes of Louisiana law.

NOW THEREFORE, I, BOBBY JINDAL, Governor of the State of Louisiana, by virtue of the authority
vested by the Constitution and the laws of the State of Louisiana, do hereby order and
direct as follows:
SECTION 1:

All departments, commissions, boards, agencies, and political subdivisions of the state
are authorized and directed to take cognizance of the definition of “person” contained in
La. R.S. 1:10 when complying with the Preservation of Religious Freedom Act (La. R.S.
13:5230-5242), the interpretation of the virtually identical federal law definition
contained in 1 USC 1 by the United States Supreme Court in Burwell v. Hobby Lobby in
its holding that the federal government is prohibited from requiring a “person” to act in
contravention of a sincerely held religious belief, and that the definition of “person”
includes individuals, non-profit, or for-profit corporations.

SECTION 2:

All departments, commissions, boards, agencies, and political subdivisions of the state
are authorized and directed to comply with the restrictions placed upon government
action in the Preservation of Religious Freedom Act and, including more specifically, on
the basis that such person acts in accordance with his religious belief that marriage is or
should be recognized as the union of one man and one woman, shall take no adverse
action to:
A. Deny or revoke an exemption from taxation pursuant to La. R.S.
47:287.501 of the person who is acting in accordance with his religious
belief.
B. Disallow a deduction for state tax purposes of any charitable contribution
made to or by such person.
C. Deny or exclude such person from receiving any state grant, contract,
cooperative agreement, loan, professional license, certification,
accreditation, employment, or other similar position or status.
D. Deny or withhold from such person any benefit under a state benefit
program.
E. Deny, revoke, or suspend the accreditation, licensing, or certification of
any person that would be accredited, licensed, or certified for purposes of
Louisiana law but-for a determination against such person on the basis that
the person acts in accordance with his own religious belief.

SECTION 3:

All departments, commissions, boards, agencies, and political subdivisions of the state
are authorized and directed to cooperate with the implementations of the provisions of
this Order.

 SECTION 4:

This Order is effective upon signature and shall remain in effect until amended, modified,
terminated or rescinded.
IN WITNESS WHEREOF, I have set my hand officially and caused to
be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton
Rouge, on this 19th day of May, 2015.

/s/ Bobby Jindal______________
GOVERNOR OF LOUISIANA
ATTEST BY
THE GOVERNOR

/s/ Tom Schedler_________
SECRETARY OF STATE