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 […]
27-33-104. 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 […]
27-32-201. 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).
27-32-203. Conduct of hearing
27-32-203. Conduct of hearing. At the time fixed for the hearing of such petition, the petitioner must appear and testify. Upon the hearing thereof, affidavits shall be received in evidence and shall have the same force and effect as if the testimony had been taken by deposition. History: En. Sec. 3, Ch. 16, L. 1943; R.C.M. 1947, […]
27-32-204. Transfer of proceeding to proper county
27-32-204. Transfer of proceeding to proper county. If upon the hearing of the petition it shall appear that the petitioner is entitled to have judgment entered as herein provided but that the petition has been filed in the wrong county, then the court shall, by appropriate order, direct that the proceeding be transferred to the proper […]
27-32-301. Judgment
27-32-301. Judgment. If the court is satisfied by competent evidence of the sufficiency of the petition that the applicant is a citizen of the United States, that the applicant has been a citizen of the state of Montana for 1 year preceding the filing of the petition and of the county for more than 90 days […]