41-1495.02. Enforceability

A. A religious organization may assert a violation of this article as a claim against state government in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of state government, any private person or any other party. Notwithstanding any other law, an action under this article may be commenced and relief may be granted in a court of this state, without regard to whether the religious organization commencing the action has sought or exhausted administrative remedies.

B. A religious organization that successfully asserts a claim or defense under this article against state government may recover:

1. Declaratory relief.

2. Injunctive relief.

3. Compensatory damages.

4. Reasonable attorney fees and costs.

5. Any other appropriate relief.

C. A religious organization that successfully asserts a claim or defense under this article against a private person not acting in an official capacity may recover only declaratory relief and injunctive relief.

D. Sovereign and governmental immunities to suit and from liability are waived and abolished to the extent of liability established by this article, and a religious organization may sue state government, except state courts, for damages allowed by subsection B of this section.