Print Friendly HOUSE BILL NO. 102 – Religious freedom, defense use
HOUSE BILL NO. 102
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RELIGIOUS FREEDOM - Amends existing law to provide that the provisions of
Chapter 4, Title 73, Idaho Code, relating to the free exercise of religion,
do not eliminate or establish a defense to a civil action or criminal
prosecution under federal or state civil rights laws.
01/29 House intro - 1st rdg - to printing
01/30 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 102
1 AN ACT
2 RELATING TO THE FREE EXERCISE OF RELIGION; AMENDING SECTION 73-402, IDAHO
3 CODE, TO PROVIDE THAT THE PROVISIONS OF CHAPTER 4, TITLE 73, IDAHO CODE,
4 SHALL NOT ELIMINATE NOR ESTABLISH A DEFENSE TO A CIVIL ACTION OR CRIMINAL
5 PROSECUTION UNDER STATE OR FEDERAL CIVIL RIGHTS LAWS; DECLARING AN EMER-
6 GENCY AND PROVIDING AN EFFECTIVE DATE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 73-402, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 73-402. FREE EXERCISE OF RELIGION PROTECTED. (1) Free exercise of reli-
11 gion is a fundamental right that applies in this state, even if laws, rules or
12 other government actions are facially neutral.
13 (2) Except as provided in subsection (3) of this section, government
14 shall not substantially burden a person's exercise of religion even if the
15 burden results from a rule of general applicability.
16 (3) Government may substantially burden a person's exercise of religion
17 only if it demonstrates that application of the burden to the person is both:
18 (a) Essential to further a compelling governmental interest;
19 (b) The least restrictive means of furthering that compelling governmen-
20 tal interest.
21 (4) A person whose religious exercise is burdened in violation of this
22 section may assert that violation as a claim or defense in a judicial proceed-
23 ing and obtain appropriate relief against a government; in no event, however,
24 shall the provisions of this chapter either establish or eliminate a defense
25 to a civil action or criminal prosecution under state or federal civil rights
26 laws. A party who prevails in any action to enforce this chapter against a
27 government shall recover attorney's fees and costs.
28 (5) In this section, the term "substantially burden" is intended solely
29 to ensure that this chapter is not triggered by trivial, technical or de
30 minimis infractions.
31 SECTION 2. An emergency existing therefor, which emergency is hereby
32 declared to exist, this act shall be in full force and effect on and after
33 February 1, 2001.
STATEMENT OF PURPOSE
This legislation amends Section 73-402, Idaho Code, to provide
that the provisions of Chapter 4, Title 73, Idaho Code shall not
establish nor eliminate a defense to a civil action or criminal
prosecution under state or federal civil rights laws.
It is anticipated that the passage of this legislation will save
the State of Idaho substantial future legal costs.
Name: Rep. Tom Trail
Sen. Gary Schroeder
STATEMENT OF PURPOSE/FISCAL NOTE H102