Montana Code 27-33-102. Legislative findings
27-33-102. Legislative findings. The legislature finds that:
Terms Used In Montana Code 27-33-102
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Compelling governmental interest: means a governmental interest of the highest order that cannot otherwise be achieved without burdening the exercise of religion. See Montana Code 27-33-104
- Exercise of religion: means the practice or observance of religion. See Montana Code 27-33-104
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- State action: means the implementation or application of any law, including but not limited to state and local laws, ordinances, rules, regulations, and policies, whether statutory or otherwise, or other action by the state or a political subdivision and a local government, municipality, instrumentality, or public official authorized by law in the state of Montana. See Montana Code 27-33-104
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)the framers of the United States constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the first amendment to the United States constitution;
(2)the framers of the Montana constitution, recognizing free exercise of religion as a fundamental right, secured its protection in the Montana constitution;
(3)laws and other state action that are neutral toward religion may burden the exercise of religion as surely as laws intended to interfere with religious exercise;
(4)state action should not burden exercise of religion without compelling justification;
(5)prior to 1990, laws and other state action burdening exercise of religion had to be justified by a compelling governmental interest; and
(6)the compelling governmental interest test set forth in prior federal court rulings and this part is a workable test and strikes a sensible balance between religious liberty and competing governmental interests.