Montana Religious Freedom Restoration Act

This part may be cited as the “Montana Religious Freedom Restoration Act”.

En. Sec. 1, Ch. 276, L. 2021.

The legislature finds that:

(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.

En. Sec. 2, Ch. 276, L. 2021.

The purpose of this part is:

(1)  to restore the compelling governmental interest test and to guarantee its application in all cases in which the exercise of religion is substantially burdened by state action; and

(2)  to provide a claim or defense to a person or persons whose exercise of religion is substantially burdened by state action.

En. Sec. 3, Ch. 276, L. 2021.

As used in this part, the following definitions apply:

(1)  “Compelling governmental interest” means a governmental interest of the highest order that cannot otherwise be achieved without burdening the exercise of religion.

(2)  “Exercise of religion” means the practice or observance of religion.  The term includes but is not limited to the ability to act or refuse to act in a manner substantially motivated by one's sincerely held religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief.

(3)  “Person” means any individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity.

(4)  “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.

(5)  “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.

En. Sec. 4, Ch. 276, L. 2021.

(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:

(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.

En. Sec. 5, Ch. 276, L. 2021.