Notwithstanding any other provision of law, no state agency, political subdivision, or any elected or appointed official or employee of this state or its political subdivisions may:

(1) Substantially burden a person‘s exercise of religion unless applying the burden to that person’s exercise of religion in a particular situation is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling government interest;

Terms Used In South Dakota Codified Laws 1-1A-4

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.

(2) Treat religious conduct more restrictively than any secular conduct of reasonably comparable risk; or

(3) Treat religious conduct more restrictively than comparable secular conduct because of alleged economic need or benefit.

This section constitutes a general law of the state within the meaning of S.D. Const., Article IX, § 2 and supersedes any contrary provision in a home rule charter. Any person aggrieved by a violation of this section may file an action for damages, injunctive relief, or other appropriate redress in circuit court, or may assert such violation as a defense in a judicial or administrative proceeding. The plaintiff, if the prevailing party, may also recover reasonable attorney’s fees and costs.

Source: SL 2021, ch 3, § 1.