27-33-104. Definitions
27-33-104. Definitions. As used in this part, the following definitions apply: (1) ”Compelling governmental interest” means a governmental interest of the highest order that cannot otherwise be achieved without burdening the exercise of religion. (2) ”Exercise of religion” means the practice or observance of religion. The term includes but is not limited to the ability to act or […]
27-33-105. Free exercise of religion protected
27-33-105. Free exercise of religion protected. (1) State action may not substantially burden a person’s right to the exercise of religion, even if the burden results from a rule of general applicability, unless it is demonstrated that applying the burden to that person’s exercise of religion: (a) is essential to further a compelling governmental interest; and (b) is […]
27-33-101. Short title
27-33-101. Short title. This part may be cited as the “Montana Religious Freedom Restoration Act”. History: En. Sec. 1, Ch. 276, L. 2021.
27-33-102. Legislative findings
27-33-102. Legislative findings. The legislature finds that: (1) the framers of the United States constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the first amendment to the United States constitution; (2) the framers of the Montana constitution, recognizing free exercise of religion as a fundamental right, secured its protection in the Montana […]
27-33-103. Purpose
27-33-103. Purpose. The purpose of this part is: (1) to restore the compelling governmental interest test and to guarantee its application in all cases in which the exercise of religion is substantially burdened by state action; and (2) to provide a claim or defense to a person or persons whose exercise of religion is substantially burdened by state […]
27-32-102. Contents of petition
27-32-102. Contents of petition. (1) The petition must be duly verified by the petitioner. The petition must state: (a) that the petitioner is a citizen of the United States; (b) that the petitioner has resided in the state of Montana for 1 year preceding the commencement of the action and in the county in which the action is […]
27-32-103. Exclusive jurisdiction of district courts
27-32-103. Exclusive jurisdiction of district courts. The district courts of this state shall have exclusive jurisdiction to hear and determine all petitions hereunder. History: En. Sec. 6, Ch. 16, L. 1943; R.C.M. 1947, 93-101-6(part).
27-32-104. Fees
27-32-104. Fees. The petitioner, upon the filing of the petition, shall pay to the clerk of court the fee for commencing an action, as provided for in 25-1-201, and upon the entry of judgment, the applicant shall pay to the clerk of court an additional fee for entry of judgment, as provided for in 25-1-201. A […]
27-32-201. Order setting hearing date — notice
27-32-201. Order setting hearing date — notice. Upon the filing of this petition with the clerk of the district court, an order shall be made by the court or judge thereof fixing the date of the hearing of the petition and directing that notice of such hearing be given as in such order set forth. Notice […]
27-32-202. Objections to granting of petition
27-32-202. Objections to granting of petition. Any citizen of the United States may appear and object to the granting of such petition, but all such objections shall be made in writing. History: En. Sec. 2, Ch. 16, L. 1943; R.C.M. 1947, 93-101-2(part).