41-1493. Definitions
In this article, unless the context otherwise requires:
1. “Demonstrates” means meets the burdens of going forward with the evidence and of persuasion.
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. “Nonreligious assembly or institution” includes all membership organizations, theaters, cultural centers, dance halls, fraternal orders, amphitheaters and places of public assembly regardless of size that a government or political subdivision allows to meet in a zoning district by code or ordinance or by practice.
5. “Person” includes a religious assembly or institution.
6. “Political subdivision” includes any county, city, including a charter city, town, school district, municipal corporation or special district, any board, commission or agency of a county, city, including a charter city, town, school district, municipal corporation or special district or any other local public agency.
7. “Religion-neutral zoning standards”:
(a) Means numerically definable standards such as maximum occupancy codes, height restrictions, setbacks, fire codes, parking space requirements, sewer capacity limitations and traffic congestion limitations.
(b) Does not include:
(i) Synergy with uses that a government holds as more desirable.
(ii) The ability to raise tax revenues.
8. “Suitable alternate property” means a financially feasible property considering the person’s revenue sources and other financial obligations with respect to the person’s exercise of religion and with relation to spending that is in the same zoning district or in a contiguous area that the person finds acceptable for conducting the person's religious mission and that is large enough to fully accommodate the current and projected seating capacity requirements of the person in a manner that the person deems suitable for the person’s religious mission.
9. “Unreasonable burden” means that a person is prevented from using the person’s property in a manner that the person finds satisfactory to fulfill the person’s religious mission.
History
1999 AZ Act 0332, § 1
41-1493.01. Free exercise of religion protected
(A) Free exercise of religion is a fundamental right that applies in this state even if laws, rules or other government actions are facially neutral.
(B) Except as provided in subsection C, government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.
(C) Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person is both:
(1) In furtherance of a compelling governmental interest.
(2) The least restrictive means of furthering that compelling governmental interest.
(D) 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 article against a government shall recover attorney fees and costs.
(E) In this section, the term substantially burden is intended solely to ensure that this article is not triggered by trivial, technical or de minimis infractions.
History
1999 AZ Act 0332, § 1
41-1493.02. Applicability
A. This article applies to all state and local laws and ordinances and the implementation of those laws and ordinances, whether statutory or otherwise, and whether adopted before or after the effective date of this article.
B. State laws that are adopted after the effective date of this article are subject to this article unless the law explicitly excludes application by reference to this article.
C. This article shall not be construed to authorize any government to burden any religious belief.
History
1999 AZ Act 0332, § 1