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Current as of January 01, 2024 | Updated by Findlaw Staff
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 refuse to act in a manner substantially motivated by one's sincerely held religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief.
(3) “Person” means any individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity.
(4) “State action” means the implementation or application of any law, including but not limited to state and local laws, ordinances, rules, regulations, and policies, whether statutory or otherwise, or other action by the state or a political subdivision and a local government, municipality, instrumentality, or public official authorized by law in the state of Montana.
(5) “Substantially burden” means any action that directly or indirectly constrains, inhibits, curtails, or denies the exercise of religion by any person or compels any action contrary to a person's exercise of religion and includes but is not limited to withholding of benefits, assessment of criminal, civil, or administrative penalties, or exclusion from governmental programs or access to governmental facilities.
Cite this article: FindLaw.com - Montana Title 27. Civil Liability, Remedies, and Limitations § 27-33-104. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-27-civil-liability-remedies-and-limitations/mt-st-27-33-104/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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