41-1495.01. Discriminatory action against religious organizations; prohibition

261 words·~1 min read·/az/title-41/41-1495-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. State government or any private person who sues under or attempts to enforce a law, rule or regulation that is adopted by this state or a political subdivision of this state may not take any discriminatory action against a religious organization on the basis that the organization:

1. Is religious.

2. Operates or seeks to operate during a state of emergency.

3. Engages in the exercise of religion as protected under the first amendment of the United States Constitution.

B. During a state of emergency, religious services are declared essential services and are deemed necessary and vital to the health and welfare of the public.

C. State government shall allow a religious organization to continue to operate and engage in religious services during the state of emergency to the same or greater extent than state government allows other organizations or businesses that provide essential services that are necessary and vital to the health and welfare of the public to operate.

D. This section does not prohibit state government from requiring religious organizations to comply with neutral health, safety or occupancy requirements that are issued by the state government or the federal government and that apply to all organizations and businesses that provide essential services. State government may not enforce any health, safety or occupancy requirement that imposes a substantial burden on a religious service unless state government demonstrates that applying the burden to the religious service in that particular instance is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.