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MISSOURI RELIGIOUS FREEDOM
RESTORATION ACT
Mo. Rev. Stat. §1.302: Religious
Freedom Restoration Act.
1.302. 1. A governmental authority
may not restrict a person's free exercise of religion, unless:
(1) The restriction is in the form of
a rule of general applicability, and does not discriminate
against religion, or among religions; and
(2) The governmental authority demonstrates
that application of the restriction to the person is essential
to further a compelling governmental interest, and is
not unduly restrictive considering the relevant circumstances.
2. As used in this section, "exercise
of religion" shall be defined as an act or refusal to
act that is substantially motivated by religious belief,
whether or not the religious exercise is compulsory or
central to a larger system of religious belief.
3. As used in this section "demonstrates"
means meets the burden of going forward with the evidence
and of persuasion.
Mo. Rev. Stat. §1.307: Laws
Not To Eliminate Defense To A Civil Action Or Criminal Prosecution
Based On Federal, State Or Local Civil Rights--Relevant
Circumstances Defined. 1.307.
1. Section 1.302 and this section apply
to all state and local laws, resolutions and ordinances
and the implementation of such laws, resolutions, and
ordinances, whether statutory or otherwise, and whether
adopted before or after August 28, 2003.
2. Nothing in section 1.302 and this section
shall be construed to authorize any government to burden
any religious belief, except that nothing in these sections
shall be construed to establish or eliminate a defense
to a civil action or criminal prosecution based on a federal,
state, or local civil rights law.
3. Nothing in section 1.302 and this section
shall be construed as allowing any person to cause physical
injury to another person, to possess a weapon otherwise
prohibited by law, to fail to provide monetary support
for a child or to fail to provide health care for a child
suffering from a life-threatening condition.
4. "Relevant circumstances" may include
legitimate penological interests needed to protect the
safety and security of incarcerated persons and correctional
facilities, but shall not include reasonable requests
by incarcerated individuals for the opportunity to pray,
reasonable access to clergy, use of religious materials
that are not violent or profane, and reasonable dietary
requests.
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