Montana § 27-33-102 Legislative Findings

Montana Statutes

§ 27-33-102 — Legislative Findings

Montana § 27-33-102

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 33MONTANA RELIGIOUS FREEDOM RESTORATION ACT

Part 1General Provisions

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Bluebook

Mont. Code Ann. § 27-33-102 (2026).

Text

27-33-102 . Legislative findings. 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 i

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27-33-102 . Legislative findings. 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.