Idaho Law Regarding Free Exercise of Religion Protected

Idaho law (Idaho Code § 73-402) prohibits the government from burdening a person’s freedom of religion even if the burden results from a rule of general applicability unless the government demonstrates that application of the burden to the person is in furtherance of a compelling governmental interest, and is the least restrictive means of furthering that compelling governmental interest.

The law states that a person whose religious freedom has been burdened in violation of the law may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government.

The amendment does not allow religious freedom to be raised as a defense in lawsuits between private citizens and therefore tracks the federal RFRA.