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N.M.
Stat. Ann. § 28-22-1
New
Mexico Religious Freedom Restoration Act
28-22-2.
Definitions.
As
used in the New Mexico Religious Freedom Restoration Act
[28-22-1 to 28-22-5 NMSA 1978]:
A. "Free
exercise of religion" means an act or a refusal to act
that is substantially motivated by religious belief; and
B.
"Government agency" means the state or any of its
political subdivisions, institutions, departments, agencies,
commissions, committees, boards, councils, bureaus or
authorities.
28-22-3.
Religious freedom protected; exceptions.
A
government agency shall not restrict a person's free exercise
of religion unless:
A.
The restriction is in the form of a rule of general
applicability and does not directly discriminate against
religion or among religions; and
B. 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.
28-22-4.
Private remedies.
A. A
person whose free exercise of religion has been restricted
by a violation of the New Mexico Religious Freedom Restoration
Act [28-22-1 to 28-22-5 NMSA 1978] may assert that violation
as a claim or defense in a judicial proceeding and obtain
appropriate relief against a government agency, including:
(1) Injunctive
or declaratory relief against a government agency that
violates or proposes to violate the provisions of the
New Mexico Religious Freedom Restoration Act; and
(2) Damages
pursuant to the Tort Claims Act [41-4-1 to 41-4-27 NMSA
1978], reasonable attorney fees and costs.
B. Immunity
from liability of the government agency and its employees
is waived for an action brought pursuant to this section.
28-22-5.
Construction of act.
Nothing
in the New Mexico Religious Freedom Restoration Act [28-22-1
to 28-22-5 NMSA 1978] authorizes a government agency to
burden a person's free exercise of religion. The protection
of the free exercise of religion granted in that act is
in addition to the protections granted by federal law and
the state and federal constitutions. The New Mexico Religious
Freedom Restoration Act does not affect the grant of benefits
or tax exemptions to religious organizations nor does it
impair any other exemptions granted by law.
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