Government Prohibited from Burdening the Exercise of Religious Liberty

North Dakota Ballot Measure - Initiated Constitutional Measure No. 3

Election: June 12, 2012 (Primary)
Outcome: Failed

Yes: 60465  (35.96%)
No: 107680  (64.04%)



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.

Measure Text

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.

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