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Ariz.
Rev. Stat. § 41-1493.
Arizona
Religious Freedom Amendment
41-1493
Definitions
In
this article, unless the context otherwise requires:
1. "Demonstrates"
means meets the burdens of going forward with the evidence
and of persuasion.
2. "Exercise
of religion" means the ability to act or refusal to act
in a manner substantially motivated by a religious belief,
whether or not the exercise is compulsory or central to
a larger system of religious belief.
3. "Government"
includes this state and any agency or political subdivision
of this state.
4. "Political
subdivision" includes any county, city, including a charter
city, town, school district, municipal corporation or
special district, any board, commission or agency of a
county, city, including a charter city, town, school district,
municipal corporation or special district or any other
local public agency.
41-1493.01.
Free exercise of religion protected
A. Free
exercise of religion is a fundamental right that applies
in this state even if laws, rules or other government
actions are facially neutral.
B.
Except as provided in subsection C, government shall not
substantially burden a person's exercise of religion even
if the burden results from a rule of general applicability.
C. Government
may substantially burden a person's exercise of religion
only if 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.
D. A
person whose religious exercise is burdened in violation
of this section may assert that violation as a claim or
defense in a judicial proceeding and obtain appropriate
relief against a government. A party who prevails in any
action to enforce this article against a government shall
recover attorney fees and costs.
E.
In this section, the term substantially burden is intended
solely to ensure that this article is not triggered by
trivial, technical or de minimis infractions.
41-1493.02.
Applicability
A.
This article applies to all state and local laws and ordinances
and the implementation of those laws and ordinances, whether
statutory or otherwise, and whether adopted before or
after the effective date of this article.
B.
State laws that are adopted after the effective date of
this article are subject to this article unless the law
explicitly excludes application by reference to this article.
C.
This article shall not be construed to authorize any
government to burden any religious belief.
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