IDAHO
RELIGIOUS LIBERTY STATUTES
RELIGIOUS LIBERTY STATUTE
Religious liberty statute that could put children at risk
Current Law: IDAHO CODE § 73-401 TO -404
Enacted: March 31, 2000
§ 73-401. DEFINITIONS As used in this chapter unless the context otherwise requires:
(1) “Demonstrates” means meets the burdens of going forward with evidence, and persuasion under the standard of clear and convincing evidence.
(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) “Political subdivision” includes any county, city, school district, taxing district, municipal corporation, or agency of a county, city, school district, or municipal corporation.
(5) “Substantially burden” means to inhibit or curtail religiously motivated practices. Read More § 73-402. FREE EXERCISE OF RELIGION PROTECTED
(1) Free exercise of religion is a fundamental right that applies in this state, even if laws, rules or other government actions are facially neutral.
(2) Except as provided in subsection (3) of this section, government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.
(3) Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person is both: (a) Essential to further a compelling governmental interest; (b) The least restrictive means of furthering that compelling governmental interest.
(4) 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 chapter against a government shall recover attorney’s fees and costs.
(5) In this section, the term “substantially burden” is intended solely to ensure that this chapter is not triggered by trivial, technical or de minimis infractions.
§ 73-403. APPLICABILITY
(1) This chapter applies to all state laws and local ordinances and the implementation of those laws and ordinances, whether statutory or otherwise, and whether enacted or adopted before, on or after the effective date of this chapter.
(2) State laws that are enacted or adopted on or after the effective date of this chapter are subject to this chapter unless the law explicitly excludes application by reference to this chapter.
(3) This chapter shall not be construed to authorize any government to burden any religious belief.
§ 73-404. SEVERABILITY
If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application and to this end the provisions of this act are severable.
Pending Bill: HB 426 & 427 2015 Pending Bills
Previously Introduced: 2014 Pending Bill H.B 426 & 427 LEGISLATURE OF THE STATE OF IDAHO
Sixty-second Legislature Second Regular Session – 2014 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 426 BY STATE AFFAIRS COMMITTEE
AN ACT RELATING TO THE FREE EXERCISE OF RELIGION; AMENDING CHAPTER 4, TITLE 73, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 73-405, IDAHO CODE, TO PROHIBIT ANY OCCUPATIONAL LICENSING BOARD OR GOVERNMENTAL SUBDIVISION OR ENTITY FROM DENYING, REVOKING OR SUSPENDING A PERSON’S PROFESSIONAL OR OCCUPATIONAL LICENSE, CERTIFICATE OR REGISTRATION DUE TO CERTAIN CONDUCT, TO CLARIFY THAT SPECIFIED PROVISIONS ARE NOT A DEFENSE TO AND DO NOT AUTHORIZE THE INTENTIONAL INFLICTION OF EMOTIONAL OR PHYSICAL INJURY UPON ANY PERSON AND TO PROVIDE THAT SPECIFIED PROVISIONS DO NOT AUTHORIZE VIOLATION OF CERTAIN DESIGNATED LAWS. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Chapter 4, Title 73, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 73-405, Idaho Code, and to read as follows:
73-405. FREE EXERCISE OF RELIGION — PROFESSIONAL OR OCCUPATIONAL LICENSE — CERTIFICATE OR REGISTRATION. (1) No occupational licensing board or governmental subdivision or entity shall deny, revoke or suspend a person’s professional or occupational license, certificate or registration for any of the following and the following are not unprofessional conduct:
(a) Declining to provide or participate in providing any service that violates the person’s sincerely held religious beliefs or exercise of religion except where performing emergency response duties for public safety.
(b) Refusing to affirm a statement or oath that is contrary to the person’s sincerely held religious beliefs or exercise of religion.
(c) Expressing sincerely held religious beliefs.
(d) Providing faith-based services.
(e) Making business-related decisions in accordance with sincerely held religious beliefs or exercise of religion including, but not limited to:
(i) Employment decisions;
(ii) Client selection decisions;
(iii) Financial decisions.
(2) This section is not a defense to and does not authorize in any way the intentional infliction of emotional or physical injury upon any person.
(3) This section does not authorize any person to engage in conduct that violates the emergency medical treatment and active labor act, 42 U.S.C., section 1395dd, or the religious land use and institutionalized persons act, 42 U.S.C., section 2000cc-1,as of the effective date of this section.
LEGISLATURE OF THE STATE OF IDAHO Sixty-second Legislature Second Regular Session – 2014 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 427 BY STATE AFFAIRS COMMITTEE
AN ACT RELATING TO THE FREE EXERCISE OF RELIGION; AMENDING SECTION 73-402, IDAHO CODE, TO PROVIDE THAT A PERSON WHOSE EXERCISE OF RELIGION IS BURDENED IN VIOLATION OF SPECIFIED LAW MAY OBTAIN APPROPRIATE RELIEF AGAINST ANY PERSON RELYING UPON ANY GOVERNMENT ACTION, ENACTMENT OR LAW THAT BURDENS A PERSON’S EXERCISE OF RELIGION. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Section 73-402, Idaho Code, be, and the same is hereby amended to read as follows: 73-402.
FREE EXERCISE OF RELIGION PROTECTED. (1) Free exercise of religion is a fundamental right that applies in this state, even if laws, rules or other government actions are facially neutral.
(2) Except as provided in subsection (3) of this section, government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.
(3) Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person is both: (a) Essential to further a compelling governmental interest;
(b) The least restrictive means of furthering that compelling governmental interest.
(4) A person whose religious exercise of religion 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 or against any person relying upon any government action, enactment or law that burdens a person’s exercise of religion. A party who prevails in any action to enforce this chapter against a government shall recover attorney’s fees and costs.
(5) In this section, the term “substantially burden” is intended solely to ensure that this chapter is not triggered by trivial, technical or de minimis infractions.