Ind. Code § 34-13-9-10
Defense; relief; awarding of costs
As added by P.L.3-2015, SEC.1.
(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.