Bill > S1129

This bill establishes a new legal mechanism in Idaho for citizens to seek redress when governmental entities or employees substantially burden their religious liberty or freedom of speech. The bill defines "substantially burden" as inhibiting or curtailing religiously motivated practices and allows individuals to file civil actions against government entities that infringe upon their constitutional rights. Governmental entities can only substantially burden religious exercise if they can demonstrate that the burden is essential to furthering a compelling government interest and is the least restrictive means of doing so. The bill allows for civil actions with potential attorney's fees up to $25,000 and limits noneconomic damages to $20,000. Importantly, the bill provides additional legal protections beyond existing state and federal laws, ensuring that citizens have a clear pathway to challenge governmental actions that potentially violate their constitutional rights to religious freedom and free speech. The legislation includes provisions that prevent governmental entities from completely restricting religious practices or speech, while still allowing reasonable regulations for public meetings and hearings. The bill is set to go into effect on July 1, 2025, and aims to strengthen constitutional protections for Idaho residents against potential governmental overreach in matters of religious liberty and free expression.

Government Affairs, Justice

Judiciary and Rules Committee (S)

https://legislature.idaho.gov/sessioninfo/2025/legislation/S1129/