Section 1.307

Title I LAWS AND STATUTES

Chapter 1

Effective - 28 Aug 2003   

  1.307.  Applicability of religious freedom restoration act — limitations — relevant circumstances defined. — 1.  Section 1.302 and this section apply to all state and local laws, resolutions and ordinances and the implementation of such laws, resolutions, and ordinances, whether statutory or otherwise, and whether adopted before or after August 28, 2003.

  2.  Nothing in section 1.302 and this section shall be construed to authorize any government to burden any religious belief, except that nothing in these sections shall be construed to establish or eliminate a defense to a civil action or criminal prosecution based on a federal, state, or local civil rights law.

  3.  Nothing in section 1.302 and this section shall be construed as allowing any person to cause physical injury to another person, to possess a weapon otherwise prohibited by law, to fail to provide monetary support for a child or to fail to provide health care for a child suffering from a life-threatening condition.

  4.  "Relevant circumstances" may include legitimate penological interests needed to protect the safety and security of incarcerated persons and correctional facilities, but shall not include reasonable requests by incarcerated individuals for the opportunity to pray, reasonable access to clergy, use of religious materials that are not violent or profane, and reasonable dietary requests.

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(L. 2003 S.B. 12)

(2018) As applied to plaintiffs, city ordinance prohibiting discrimination based on person's reproductive health decisions or pregnancy violated section and the First Amendment's right to expressive association, and the city failed to show that ordinance furthered a compelling government interest or was not unduly restrictive. Our Lady's Inn v. City of St. Louis, 349 F.Supp.3d 805 (E.D.Mo.).