1.    Notwithstanding any other provision of law, a state or local government entity may not:

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Terms Used In North Dakota Code 14-02.4-08.1

  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

a.    Substantially burden a person‘s exercise of religion unless applying the burden to that person’s exercise of religion in a particular situation is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling government interest; b.    Treat religious conduct more restrictively than any secular conduct of reasonably comparable risk; or

c.    Treat religious conduct more restrictively than any comparable secular conduct because of alleged economic need or benefit.

2.    A person claiming to be aggrieved by a violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief, including costs and reasonable attorney’s fees.