Arizona Laws 41-1493.01. Free exercise of religion protected
A. Free exercise of religion is a fundamental right that applies in this state even if laws, rules or other government actions are facially neutral.
Terms Used In Arizona Laws 41-1493.01
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Demonstrates: means meets the burdens of going forward with the evidence and of persuasion. See Arizona Laws 41-1493
- 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. See Arizona Laws 41-1493
- Government: includes this state and any agency or political subdivision of this state. See Arizona Laws 41-1493
- Person: includes a religious assembly or institution. See Arizona Laws 41-1493
B. Except as provided in subsection C, government shall not substantially burden a person‘s exercise of religion even if the burden results from a rule of general applicability.
C. Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person is both:
1. In furtherance of a compelling governmental interest.
2. The least restrictive means of furthering that compelling governmental interest.
D. 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 article against a government shall recover attorney fees and costs.
E. In this section, the term substantially burden is intended solely to ensure that this article is not triggered by trivial, technical or de minimis infractions.