CHAPTER 1-1A

UNCONSTITUTIONAL OFFICIAL ACTIONS

1-1A-1    Unconstitutional state actions void.

1-1A-2    Enforcement of unconstitutional policies prohibited.

1-1A-3    State officers to protect constitutional rights.

1-1A-4    Government authority--Limitations related to the exercise of religion.

1-1A-1. Unconstitutional state actions void.

It is the public policy of the State of South Dakota that every statute, rule, regulation, executive order, and office policy of the State of South Dakota enacted, promulgated, issued, or established in contradiction to the provisions of the United States Constitution, and so judicially determined by a final judgment rendered by the South Dakota Supreme Court, the federal district court for the State of South Dakota, the United States Court of Appeals for the eighth circuit, or the United States Supreme Court, is void within the jurisdiction of the State of South Dakota.

Source: SL 1979, ch 4, § 1.

1-1A-2. Enforcement of unconstitutional policies prohibited.

No person may enforce any statute, rule, regulation, executive order, or office policy that is in violation of § 1-1A-1.

Source: SL 1979, ch 4, § 3.

1-1A-3. State officers to protect constitutional rights.

Every state officer is directed to utilize the full force and authority of his office to resist the intrusion of such unlawful provisions and to protect the constitutional rights of the State of South Dakota and its individual citizens from the encroachments of such provisions.

Source: SL 1979, ch 4, § 2.

1-1A-4. Government authority--Limitations related to the exercise of religion.

Notwithstanding any other provision of law, no state agency, political subdivision, or any elected or appointed official or employee of this state or its political subdivisions may:

(1)    Substantially burden a person's exercise of religion unless applying the burden to that person's exercise of religion in a particular situation is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling government interest;

(2)    Treat religious conduct more restrictively than any secular conduct of reasonably comparable risk; or

(3)    Treat religious conduct more restrictively than comparable secular conduct because of alleged economic need or benefit.

This section constitutes a general law of the state within the meaning of S.D. Const., Article IX, § 2 and supersedes any contrary provision in a home rule charter. Any person aggrieved by a violation of this section may file an action for damages, injunctive relief, or other appropriate redress in circuit court, or may assert such violation as a defense in a judicial or administrative proceeding. The plaintiff, if the prevailing party, may also recover reasonable attorney's fees and costs.

Source: SL 2021, ch 3, § 1.