Public-domain · open source
OpenJurist

Idaho Code § 73-402

Free exercise of religion protected

Applied in 2 court decisions — leading case Olsen v. Idaho State Board of Medicine (2004)

Most recently applied in Does v. Lawrence Wasden (December 2020)

I.C., § 73-402, as added by 2000, ch. 133, § 2, p. 352.

(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: Essential to further a compelling governmental interest;

(4) The least restrictive means of furthering that compelling governmental interest.

(5) 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.

(6) 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.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.