Every man shall be free to worship God according to the dictates of his own conscience, and no person shall ever be molested or denied any civil or political right or privilege on account of his religious opinion or mode of religious worship. No person shall be required to attend any place of worship or support any religious sect or denomination; nor shall any preference be given by law to any religious denomination or mode of worship.

ANNOTATIONS

Cross references. — For religious rights preserved under Treaty of Guadalupe Hidalgo, see N.M. Const., art. II, § 5.

For provision that religious belief not to abridge right of citizens to vote, hold office or sit upon juries, see N.M. Const., art. VII, § 3.

For prohibition against religious tests for admission to school and prohibition against requiring attendance at religious services, see N.M. Const., art. XII, § 9.

For provision relating to use of sacramental wines, see N.M. Const., art. XX, § 13.

For provisions requiring religious toleration and prohibiting polygamy, see N.M. Const., art. XXI, § 1.

See Kearny Bill of Rights, cl. 3, on NMOneSource.com.

For excusing student from school to participate in religious instruction, see 22-12-3 NMSA 1978.

For statutory provision prohibiting teaching of sectarian doctrine in public school, see 22-13-15 NMSA 1978.

For statutory provision requiring charter schools to be nonsectarian and nonreligious, see 22-8B-4 NMSA 1978.

For statutory provisions regarding posting of religious codes in schools, see Historic Codes Act, 22-15-15 NMSA 1978 et seq.

For statutory provisions that require the nonsectarian operation of state educational institutions, see 21-1-22 NMSA 1978.

For the New Mexico Religious Freedom Restoration Act, see 28-22-1 NMSA 1978.

For statutory provisions guaranteeing freedom of worship by Indians in state correctional institutions, see 33-10-4 NMSA 1978.

Comparable provisions. — Idaho Const., art. I, § 4.

Iowa Const., art. I, §§ 3, 4.

Montana Const., art. II, § 5.

Utah Const., art. I, § 4.

Wyoming Const., art. I, § 18.

Prohibiting commercial photography business from discriminating based on sexual orientation did not violate freedom of religion. — Where plaintiff offered wedding photography services to the general public; plaintiff’s business was a public accommodation under the Human Rights Act, Chapter 28, Article 1 NMSA 1978; plaintiff refused to photograph a same-sex commitment ceremony between defendant and defendant’s partner on religious grounds; and plaintiff claimed that the act compelled plaintiff to express a positive image and message about same-sex commitment ceremonies contrary to plaintiff’s beliefs, the act did not violate plaintiff’s first amendment free exercise rights because the act is a neutral law of general applicability that ensures that businesses that choose to operate as a public accommodation do not discriminate against protected classes of people, it does not target only religiously motivated discrimination. Elane Photography, LLC v. Willock, 2013-NMSC-040, aff’g 2012-NMCA-086, 284 P.3d 428, aff’d, 2013-NMSC-040, 309 P.3d 53.

Where plaintiff violated the Human Rights Act, Chapter 28, Article 1 NMSA 1978, by refusing on religious and moral grounds to photograph defendant’s commitment ceremony with defendant’s same-sex partner; and plaintiff claimed that the act violated plaintiff’s freedom of religion because the act forced plaintiff to photograph same-sex marriages in violation of plaintiff’s owner’s religious belief that marriage is the union of one man and one woman, the act did not violate plaintiff’s freedom of religion because the act is directed at and applies generally to all citizens transacting business through public accommodations that deal with the public at large, any burden on religion or religious beliefs was incidental and uniformly applied to all citizens, and a rational basis existed to support the governmental interest in protecting specific classes of citizens from discrimination in public accommodations. Elane Photography, LLC v. Willock, 2012-NMCA-086, 284 P.3d 428, cert. granted, 2012-NMCERT-008, 296 P.3d 491, aff’d, 2013-NMSC-040.

Sign ordinance held not to violate provision. — Where a sign ordinance does not limit what a religious organization may maintain on its signs, the ordinance does not abridge the free exercise of religious beliefs in violation of this provision. Temple Baptist Church, Inc. v. City of Albuquerque, 1982-NMSC-055, 98 N.M. 138, 646 P.2d 565.

Baccalaureate and commencement exercises. — The New Mexico constitutional provisions, statutes and decisions do not prohibit holding baccalaureate services and commencement exercises in a church building, where it is the only building in the community which could comfortably accommodate those present. Miller v. Cooper, 1952-NMSC-047, 56 N.M. 355, 244 P.2d 520.

Constitutionality of textbook loan program. — The Instructional Material Law (IML), §§ 22-15-1 to -14 NMSA 1978, in which the New Mexico public education department purchases textbooks that are loaned free of charge to public and private school students enrolled in first through twelfth grade and in early childhood education programs, does not violate Article IV, Section 31, Article IX, Section 14, or Article XII, Section 3 of the New Mexico constitution. The textbook loan program, which provides a generally available public benefit to students, does not result in the use of public funds in support of private schools as prohibited by Article XII, Section 3, and is consistent with Article IV, Section 31, which addresses appropriations for educational purposes, and Article IX, Section 14, which limits any donation to or in aid of any person, association or public or private corporation. Moses v. Ruszkowski, 2019-NMSC-003.

The appropriation of educational funds to private schools is unconstitutional. — N.M. Const., Art. XII, § 3 expressly prohibits the appropriation of public funds to sectarian, denominational or private schools. A public school under the control of the state can directly receive funds, while a private school not under the exclusive control of the state cannot receive either direct or indirect support. Moses v. Skandera, 2015-NMSC-036, 367 P.3d 838, rev’g 2015-NMCA-036, 346 P.3d 396, vacated sub nom. N.M. Ass’n of Non-public Sch. v. Moses, 137 S.Ct. 2325 (2017) (mem.).

Where petitioners filed a complaint for declaratory judgment against the secretary of the New Mexico public education department seeking a declaration that the state issuing instructional materials to students attending private schools is unconstitutional, the New Mexico supreme court held that the Instructional Material Law, §§ 22-15-1 through 22-15-14 NMSA 1978, in which the New Mexico public education department purchases and distributes instructional material to school districts, state institutions, and private schools as agents for the benefit of eligible students, violates N.M. Const., Art. XII, § 3, because the constitutional provision expressly restricts the use of public funds to other than sectarian schools and expressly prohibits the appropriation of educational funds to private schools. Moses v. Skandera, 2015-NMSC-036, 367 P.3d 838, rev’g 2015-NMCA-036, 346 P.3d 396, vacated sub nom. N.M. Ass’n of Non-public Sch. v. Moses, 137 S.Ct. 2325 (2017) (mem.).

Furnishing of instructional material to students attending private schools does not violate this section. — The Instructional Material Law, (22-15-1 through 22-15-14 NMSA 1978), in which the New Mexico public education department purchases and distributes instructional material to school districts, state institutions and private schools as agents for the benefit of eligible students, does not violate this section; this section serves the same goals as the establishment clause of the first amendment of the United States constitution, and the United States supreme court has made clear that textbook and instructional material programs that benefit all children, regardless of the school of their attendance, do not conflict with the establishment clause. Moses v. Skandera, 2015-NMSC-036, 367 P.3d 838, rev’g 2015-NMCA-036, 346 P.3d 396, vacated sub nom. N.M. Ass’n of Non-public Sch. v. Moses, 137 S.Ct. 2325 (2017) (mem.).

Special use permit for parochial school not unreasonable restriction. — A municipal zoning ordinance requiring the issuance of a special use permit as a prerequisite to the operation of a parochial school does not impose an unreasonable restriction upon a church's free exercise of religion. City of Las Cruces v. Huerta, 1984-NMCA-120, 102 N.M. 182, 692 P.2d 1331, cert. denied, 102 N.M. 225, 693 P.2d 591.

Statute authorizing school board to implement daily moment of silence unconstitutional. — Former 22-5-4.1 NMSA 1978, which authorized local school boards to implement a daily moment of silence, and its implementation in a public school system, violated this section, in that it gave a preference by law to a particular mode of worship. Duffy ex rel. Duffy v. Las Cruces Pub. Sch., 557 F. Supp. 1013 (D.N.M. 1983).

Local prohibition on Sunday sale of alcohol. — Section 60-7A-1 NMSA 1978, regulating the sale of alcoholic beverages and allowing local option districts to prohibit Sunday sales, is a proper exercise of legislative power and does not violate equal protection of the laws under U.S. Const., amend. XIV, § 1 and N.M. Const., art. II, § 18, nor the prohibitions of the furtherance and establishment of religion clause of U.S. Const., amend. I and this section. Pruey v. Dep’t of Alcoholic Beverage Control, 1986-NMSC-018, 104 N.M. 10, 715 P.2d 458.

Wrongful decision to perform autopsy. — In an action for damages on the basis of a wrongful decision to perform an autopsy on decedent, causing emotional distress to family members because the body was not handled according to traditional Navajo religious beliefs, a count alleging interference with plaintiffs' free exercise of religion was dismissed since the state had given no consent to be sued and there was no express waiver for the state medical examiner under the Tort Claims Act. Begay v. State, 1985-NMCA-117, 104 N.M. 483, 723 P.2d 252, rev'd, Smialek v. Begay, 1986-NMSC-049, 104 N.M. 375, 721 P.2d 1306, cert. denied, 479 U.S. 1020, 107 S.Ct. 677, 93 L.Ed. 2d 727 (1986).

Taxation of fraternal benefit societies. — Fact that fraternal benefit societies meeting certain qualifications were exempted from former 2% privilege tax did not render the tax invalid as contravening the guarantees in respect to religious worship where members of any religious faith or order could organize an exempt society. Sovereign Camp, W.O.W. v. Casados, 21 F. Supp. 989 (D.N.M. 1938), aff'd, 305 U.S. 558, 59 S. Ct. 79, 83 L. Ed. 352 (1938).

Oaths by witnesses and jurors. — Defendant's contention that by requiring an oath by witnesses and jurors, the state "openly fostered religion," when made without any showing that the defendant was affected thereby, was at best a species of harmless error. State v. Deats, 1971-NMCA-089, 82 N.M. 711, 487 P.2d 139.

Church autonomy doctrine prevents civil legal entanglement between government and religious establishments by prohibiting courts from trying to resolve disputes related to ecclesiastical operations and protects free exercise of religion by limiting the possibility of civil interference in the working of religious institutions. Celnik v. Congregation B'Nai Israel, 2006-NMCA-039, 139 N.M. 252, 131 P.3d 102.

Church autonomy doctrine prohibits secular adjudication of certain claims brought against religious organizations by their employees. — District court properly dismissed suit for prima facie tort brought by a long-tenured rabbi against his congregation after he was terminated because application of the intrusive balancing test called for under the prima facie tort analysis would require the court to intervene into how the congregation treats and selects its ecclesiastical leaders contrary to the principles of the church autonomy doctrine. Celnik v. Congregation B'Nai Israel, 2006-NMCA-039, 139 N.M. 252, 131 P.3d 102.

Church autonomy doctrine applies only if judicial resolution of claims would violate the first amendment. The immunity afforded by the church autonomy doctrine is not triggered simply by the subject matter of the complaint. Galetti v. Reeve, 2014-NMCA-079.

Church autonomy doctrine did not prohibit secular adjudication of claims not rooted in religious beliefs. — Where plaintiff was employed as a principal and teacher at a religious school operated by the association; plaintiff sued the defendants for wrongful termination, asserting claims against the association for breach of contract and against the individual defendants for retaliatory discharge, violation of the New Mexico Human Rights Act, intentional interference with contract, and defamation and for damages, plaintiff claims were not barred by the church autonomy doctrine because plaintiff’s claims could be resolved without any religious entanglement. Galetti v. Reeve, 2014-NMCA-079.

School credit for bible study courses. — The legislature may not enact laws permitting the public schools in New Mexico to grant credit to pupils for bible study or other religious courses taught in a church Sunday school by nonaccredited ministers or other Sunday school teachers. 1967 Op. Att'y Gen. No. 67-48.

Vouchers for private school education. — Tuition assistance in the form of vouchers for private education may constitute a violation of the state establishment clause, if the schools involved are primarily sectarian. 1999 Op. Att'y Gen. No. 99-01.

Nuns teaching in public schools. — This section and N.M. Const., art. XII, § 9, prevent there being anything in the law to prohibit the payment of Sisters who are qualified and employed to teach in our public schools. 1939 Op. Att'y Gen. No. 39-3101.

Employment of chaplains at state penal institutions. — There is nothing unconstitutional in the employment of chaplains at a state penal institution for counseling purposes. There would be nothing unconstitutional in the chaplains being hired to render general counseling services to any inmate who should desire to avail himself of the same. 1957 Op. Att'y Gen. No. 57-103.

Law reviews. — For comment, "Compulsory School Attendance - Who Directs the Education of a Child? State v. Edgington," see 14 N.M. L. Rev. 453 (1984).

For annual survey of New Mexico property law, see 16 N.M. L. Rev. 59 (1986).

For article, "The Free Exercise Rights of Native Americans and the Prospects for a Conservative Jurisprudence Protecting the Rights of Minorities," see 23 N.M. L. Rev. 187 (1993).

For note, "Constitutional Law - New Mexico Federal Court Rejects Government's Attempt to Determine Membership Eligibility in a Religion: United States v. Boyll," see 23 N.M. L. Rev. 211 (1993).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 16A Am. Jur. 2d Constitutional Law §§ 409, 464 to 495.

Releasing public school students from attendance for purpose of receiving religious instruction, 2 A.L.R.2d 1371.

Deed discriminating or imposing restrictions against persons on account of religion, 3 A.L.R.2d 466.

Restrictive covenants, conditions or agreements in respect of real property discriminating against persons on account of race, color or religion, 3 A.L.R.2d 466.

Compulsory education law: religious beliefs of parents as defense to prosecution for failure to comply with, 3 A.L.R.2d 1401.

Loud speakers: public regulation and prohibition of broadcasts in streets and other public places as infringement of religious freedom, 10 A.L.R.2d 627.

Chemical treatment of public water supply, statute, ordinance or other measure involving, as interference with religious freedom, 43 A.L.R.2d 453.

Wearing of religious garb by public school teachers, 60 A.L.R.2d 300.

Zoning regulations as affecting churches, 74 A.L.R.2d 377, 62 A.L.R.3d 197.

Use of public school premises for religious purposes during nonschool time, 79 A.L.R.2d 1148.

Public payment of tuition, scholarship or the like, to sectarian school, 81 A.L.R.2d 1309.

Constitutionality of furnishing free textbooks to sectarian school or student therein, 93 A.L.R.2d 986.

Jury service, religious belief as ground for exemption or excuse from, 2 A.L.R.3d 1392.

Compulsory medical care for adult, power of courts or other public agencies, in the absence of statutory authority, to order, 9 A.L.R.3d 1391.

Prisoners, provision of religious facilities for, 12 A.L.R.3d 1276.

Drugs: free exercise of religion as defense to prosecution for narcotic or psychedelic drug offense, 35 A.L.R.3d 939.

Public property: erection, maintenance or display of religious structures or symbols on as violation of religious freedom, 36 A.L.R.3d 1256.

Adoption: religion as factor in adoption proceedings, 48 A.L.R.3d 383.

What constitutes "church," "religious use" or the like within zoning ordinance, 62 A.L.R.3d 197.

Validity, under establishment of religion clause of federal or state constitution, of making day of religious observance a legal holiday, 90 A.L.R.3d 728.

Regulation of astrology, clairvoyancy, fortune-telling, and the like, 91 A.L.R.3d 766.

Power of court or other public agency to order medical treatment for child over parental objections not based on religious grounds, 97 A.L.R.3d 421.

Validity, under federal and state establishment of religion provisions, of prohibition of sale of intoxicating liquors on specific religious holidays, 27 A.L.R.4th 1155.

Judicial review of termination of pastor's employment by local church or temple, 31 A.L.R.4th 851.

Validity, under state constitutions, of private shopping center's prohibition or regulation of political, social, or religious expression or activity, 38 A.L.R.4th 1219.

Liability of religious association for damages for intentionally tortious conduct in recruitment, indoctrination, or related activity, 40 A.L.R.4th 1062.

Validity of local or state denial of public school courses or activities to private or parochial school students, 43 A.L.R.4th 776.

Invasion of privacy by a clergyman, church, or religious group, 67 A.L.R.4th 1086.

Cause of action for clergy malpractice, 75 A.L.R.4th 750.

Liability of church or religious society for sexual misconduct of clergy, 5 A.L.R.5th 530.

Power of court or other public agency to order medical treatment over parental religious objections for child whose life is not immediately endangered, 21 A.L.R.5th 248.

Free exercise of religion as applied to individual's objection to obtaining or disclosing social security number, 93 A.L.R.5th 1.

First Amendment challenges to the display of religious symbols on public property, 107 A.L.R.5th 1.

Effect of First Amendment on jurisdiction of National Labor Relations Board over labor disputes involving employer operated by religious entity, 63 A.L.R. Fed. 831.

Validity, construction, and application of provisions of § 702 of Civil Rights Act of 1964 (42 USCS § 2000e-1) exempting activities of religious organizations from operation of Title VII Equal Employment Opportunity provisions, 67 A.L.R. Fed. 874.

Constitutionality of teaching or suppressing teaching of Biblical creationism or Darwinian evolution theory in public schools, 102 A.L.R. Fed. 537.

Constitutionality of teaching or otherwise promoting secular humanism in public schools, 103 A.L.R. Fed. 538.

Constitutionality of regulation or policy governing prayer, meditation, or "moment of silence" in public schools, 110 A.L.R. Fed. 211.

Bible distribution or use in public schools - modern cases, 111 A.L.R. Fed. 121.

What constitutes "hybrid rights" claim under Employment Div., Dep't of Human Resources v. Smith, 494 U.S. 872, 110 S. Ct. 1595, 108 L. Ed. 2d 876, 163 A.L.R. Fed. 493.

16A C.J.S. Constitutional Law §§ 513 to 538.