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Home » US Law » 2021 New Mexico Statutes » Chapter 28 - Human Rights » Article 22 - Religious Freedom Restoration

Section 28-22-1 – Short title.

Sections 1 through 5 [28-22-1 to 28-22-5 NMSA 1978] of this act may be cited as the “New Mexico Religious Freedom Restoration Act”. History: Laws 2000 (2nd S.S.), ch. 17, § 1. ANNOTATIONS Effective dates. — Laws 2000 (2nd S.S.), ch. 17 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § […]

Section 28-22-2 – Definitions.

As used in the New Mexico Religious Freedom Restoration Act: A. “free exercise of religion” means an act or a refusal to act that is substantially motivated by religious belief; and B. “government agency” means the state or any of its political subdivisions, institutions, departments, agencies, commissions, committees, boards, councils, bureaus or authorities. History: Laws […]

Section 28-22-3 – Religious freedom protected; exceptions.

A government agency shall not restrict a person’s free exercise of religion unless: A. the restriction is in the form of a rule of general applicability and does not directly discriminate against religion or among religions; and B. the application of the restriction to the person is essential to further a compelling governmental interest and […]

Section 28-22-4 – Private remedies.

A. A person whose free exercise of religion has been restricted by a violation of the New Mexico Religious Freedom Restoration Act may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government agency, including: (1) injunctive or declaratory relief against a government agency that violates […]

Section 28-22-5 – Construction of act.

Nothing in the New Mexico Religious Freedom Restoration Act authorizes a government agency to burden a person’s free exercise of religion. The protection of the free exercise of religion granted in that act is in addition to the protections granted by federal law and the state and federal constitutions. The New Mexico Religious Freedom Restoration […]