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IDAHO
RELIGIOUS FREEDOM ACT
TITLE
73. CHAPTER 4
FREE
EXERCISE OF RELIGION PROTECTED
73-401.
DEFINITIONS.
As used in this chapter unless
the context otherwise requires
(1) "Demonstrates"
means meets the burdens of going forward with evidence,
and persuasion under the standard of clear and convincing
evidence.
(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, school district,
taxing district, municipal corporation, or agency of a
county, city, school district, or municipal corporation.
(5) "Substantially
burden" means to inhibit or curtail religiously motivated
practices.
73-402.
FREE EXERCISE OF RELIGION PROTECTED.
(1) Free
exercise of religion is a fundamental right that applies
in this state, even if laws, rules or other government
actions are facially neutral.
(2) Except
as provided in subsection (3) of this section, government
shall not substantially burden a person's exercise of
religion even if the burden results from a rule of general
applicability.
(3) Government
may substantially burden a person's exercise of religion
only if it demonstrates that application of the burden
to the person is both
(a) Essential
to further a compelling governmental interest;
(b) The
least restrictive means of furthering that compelling
governmental interest.
(4) 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 chapter against a government shall
recover attorney's fees and costs.
(5) In
this section, the term "substantially burden" is intended
solely to ensure that this chapter is not triggered by
trivial, technical or de minimis infractions.
73-403.
APPLICABILITY.
(1) This
chapter applies to all state laws and local ordinances
and the implementation of those laws and ordinances, whether
statutory or otherwise, and whether enacted or adopted
before, on or after the effective date of this chapter.
(2) State
laws that are enacted or adopted on or after the effective
date of this chapter are subject to this chapter unless
the law explicitly excludes application by reference to
this chapter.
(3) This
chapter shall not be construed to authorize any government
to burden any religious belief.
73-404.
SEVERABILITY. If any provision of this act or its application
to any person or circumstance is held invalid, the invalidity
does not affect other provisions or applications of this
act that can be given effect without the invalid provision
or application and to this end the provisions of this act
are severable.
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