2005 Idaho Code - 73-402 — FREE EXERCISE OF RELIGION PROTECTED

                                  TITLE  73
                           GENERAL CODE PROVISIONS
                                  CHAPTER 4
                     FREE EXERCISE OF RELIGION PROTECTED
    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.