(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.

Terms Used In Idaho Code 73-402

  • Demonstrates: means meets the burdens of going forward with evidence, and persuasion under the standard of clear and convincing evidence. See Idaho Code 73-401
  • 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 Idaho Code 73-401
  • Government: includes this state and any agency or political subdivision of this state. See Idaho Code 73-401
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Substantially burden: means to inhibit or curtail religiously motivated practices. See Idaho Code 73-401
    • (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.