S.D. Codified Laws § 1-1A-4
This is the official text of S.D. Codified Laws § 1-1A-4, part of South Dakota’s Codified Laws — part of the compiled statutory law of South Dakota, published by the state as "Codified Laws." Browse the sections below, each linked to its official government source.
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Government authority--Limitations related to the exercise of religion
Official statutory text
Notwithstanding any other provision of law, no state agency, political subdivision, or any elected or appointed official or employee of this state or its political subdivisions may:
(1) Substantially burden a person's exercise of religion unless applying the burden to that person's exercise of religion in a particular situation is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling government interest;
(2) Treat religious conduct more restrictively than any secular conduct of reasonably comparable risk; or
(3) Treat religious conduct more restrictively than comparable secular conduct because of alleged economic need or benefit.
This section constitutes a general law of the state within the meaning of S.D. Const., Article IX, § 2 and supersedes any contrary provision in a home rule charter. Any person aggrieved by a violation of this section may file an action for damages, injunctive relief, or other appropriate redress in circuit court, or may assert such violation as a defense in a judicial or administrative proceeding. The plaintiff, if the prevailing party, may also recover reasonable attorney's fees and costs.
Source: SL 2021, ch 3, § 1.
(1) Substantially burden a person's exercise of religion unless applying the burden to that person's exercise of religion in a particular situation is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling government interest;
(2) Treat religious conduct more restrictively than any secular conduct of reasonably comparable risk; or
(3) Treat religious conduct more restrictively than comparable secular conduct because of alleged economic need or benefit.
This section constitutes a general law of the state within the meaning of S.D. Const., Article IX, § 2 and supersedes any contrary provision in a home rule charter. Any person aggrieved by a violation of this section may file an action for damages, injunctive relief, or other appropriate redress in circuit court, or may assert such violation as a defense in a judicial or administrative proceeding. The plaintiff, if the prevailing party, may also recover reasonable attorney's fees and costs.
Source: SL 2021, ch 3, § 1.
Status: in_force · Read it on the official government site
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