Indiana Code

Ind. Code § 34-13-9-10 (2026)

Defense; relief; awarding of costs

✓ current as of May 2026

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Sec. 10. (a) If a court or other tribunal in which a violation of this chapter is asserted in conformity with section 9 of this chapter determines that:

(1) the person's exercise of religion has been substantially burdened, or is likely to be substantially burdened; and

(2) the governmental entity imposing the burden has not demonstrated that application of the burden to the person:

(A) is in furtherance of a compelling governmental interest; and

(B) is the least restrictive means of furthering that compelling governmental interest;

the court or other tribunal shall allow a defense against any party and shall grant appropriate relief against the governmental entity.

(b) Relief against the governmental entity may include any of the following:

(1) Declaratory relief or an injunction or mandate that prevents, restrains, corrects, or abates the violation of this chapter.

(2) Compensatory damages.

(c) In the appropriate case, the court or other tribunal also may award all or part of the costs of litigation, including reasonable attorney's fees, to a person that prevails against the governmental entity under this chapter.

As added by P.L.3-2015, SEC.1.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2017–2024 · leading case: Rodney Tyms-Bey v. State of Indiana, 69 N.E.3d 488 (Ind. Ct. App. 2017).

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Rodney Tyms-Bey v. State of Indiana, 69 N.E.3d 488 (Ind. Ct. App. 2017). · cites it 22× “” I.C. § 34-13-9-10. That language suggests that the viability of a RFRA claim or defense generally is a question of law for the court or other tribunal “in which” the claim or defense is asserted and from which the claiming party can obtain “appropriate relief.”

Individual Members of the Med. Licensing Bd. of Indiana v. Anonymous 1 (Ind. Ct. App. 2024). · cites it 6× “” Ind. Code § 34-13-9-10 (a). RFRA allows for injunctive and declaratory relief as well as an award of all or part of the costs of litigation, including reasonable attorney fees, for violations.”

— Ind. Code § 34-13-9-10(b)(1) — 1 case

Individual Members of the Med. Licensing Bd. of Indiana v. Anonymous 1 (Ind. Ct. App. 2024). “” Ind. Code § 34-13-9-10 (a). RFRA allows for injunctive and declaratory relief as well as an award of all or part of the costs of litigation, including reasonable attorney fees, for violations.”

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