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  1.302.  Religious freedom restoration act. — 1.  A governmental authority may not restrict a person's free exercise of religion, unless:

  (1)  The restriction is in the form of a rule of general applicability, and does not discriminate against religion, or among religions; and

  (2)  The governmental authority demonstrates that application of the restriction to the person is essential to further a compelling governmental interest, and is not unduly restrictive considering the relevant circumstances.

  2.  As used in this section, "exercise of religion" shall be defined as an act or refusal to act that is substantially motivated by religious belief, whether or not the religious exercise is compulsory or central to a larger system of religious belief.

  3.  As used in this section "demonstrates" means meets the burden of going forward with the evidence and of persuasion.

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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.).


---- end of effective   28 Aug 2003 ----

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