Montana Code 27-33-105. Free exercise of religion protected
27-33-105. Free exercise of religion protected. (1) State action may not substantially burden a person‘s right to the exercise of religion, even if the burden results from a rule of general applicability, unless it is demonstrated that applying the burden to that person’s exercise of religion:
Terms Used In Montana Code 27-33-105
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Exercise of religion: means the practice or observance of religion. See Montana Code 27-33-104
- Person: means any individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity. 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
- Substantially burden: means any action that directly or indirectly constrains, inhibits, curtails, or denies the exercise of religion by any person or compels any action contrary to a person's exercise of religion and includes but is not limited to withholding of benefits, assessment of criminal, civil, or administrative penalties, or exclusion from governmental programs or access to governmental facilities. See Montana Code 27-33-104
(a)is essential to further a compelling governmental interest; and
(b)is the least restrictive means of furthering that compelling governmental interest.
(2)A person whose exercise of religion has been substantially burdened or is likely to be substantially burdened in violation of this part may assert the violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the state of Montana or one of its political subdivisions is a party to the proceeding. The person asserting such a claim or defense may obtain appropriate relief, including relief against the state of Montana or its political subdivisions. Appropriate relief includes but is not limited to injunctive relief, declaratory relief, compensatory damages, and costs and attorney fees.