New Mexico Religious Freedom Restoration Act

New Mexico’s Religious Freedom Restoration Act prohibits the government from restricting a person’s free exercise of religion unless the restriction is in the form of a rule of general applicability and does not directly discriminate against religion or among religions; and the application of the restriction to the person is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.

A person whose free exercise of religion has been restricted by a violation of the New Mexico RFRA may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government agency.

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

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