This bill introduces a new chapter, Chapter 37, to Title 6 of the Idaho Code, which establishes a legal framework for addressing the deprivation of religious liberty and freedom of speech by governmental entities. It articulates the legislative intent to enforce constitutional rights guaranteed under sections 4 and 9 of Article I of the Idaho Constitution, which currently lack a mechanism for enforcement against government actions. The chapter defines key terms, including "substantially burden," and outlines the conditions under which governmental entities can impose burdens on religious practices, requiring them to demonstrate that such actions are essential to a compelling governmental interest and the least restrictive means of achieving that interest.
Additionally, the bill provides for civil actions against governmental entities or employees who violate these rights, allowing for the recovery of attorney's fees up to $25,000 for prevailing parties, with specific limitations on damages. Notably, it caps non-economic damages at $20,000 and includes provisions to protect judicial officers from liability in their official capacity unless they exceed their jurisdiction. The bill declares an emergency, making it effective on July 1, 2025.