Montana Title 27. Civil Liability, Remedies, and Limitations § 27-33-102. Legislative findings

(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 constitution;

(3) laws and other state action that are neutral toward religion may burden the exercise of religion as surely as laws intended to interfere with religious exercise;

(4) state action should not burden exercise of religion without compelling justification;

(5) prior to 1990, laws and other state action burdening exercise of religion had to be justified by a compelling governmental interest; and

(6) the compelling governmental interest test set forth in prior federal court rulings and this part is a workable test and strikes a sensible balance between religious liberty and competing governmental interests.