This initiated measure would add a new section to Article I of the North Dakota Constitution preventing the government from burdening the sincere exercise of religious liberty by a person or religious organization, absent proof of a compelling governmental interest, and then only by use of the least restrictive mean.
SECTION 1. A new section to Article I of the Constitution of North Dakota is created and enacted as follows:
Government may not burden a person's or religious organization's religious liberty. The right to act or refuse to act in a manner motivated by a sincerely held religious belief may not be burdened unless the government proves it has a compelling governmental interest in infringing the specific act or refusal to act and has used the least restrictive means to further that interest. A burden includes indirect
burdens such as withholding benefits, assessing penalties, or an exclusion from programs or access to facilities.