South Dakota Codified Laws 1-1A-4. Government authority–Limitations related to the exercise of religion
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.