Perfect toleration of religious sentiment shall be secured, and no inhabitant of this state shall ever be molested in person or property on account of his or her mode of religious worship. Polygamous or plural marriages and polygamous cohabitation are forever prohibited. (As amended September 15, 1953.)

ANNOTATIONS

The 1953 amendment, which was proposed by S.J.R. No. 11 (Laws 1953) and adopted at a special election held on September 15, 1953. with a vote of 18,410 for and 11,875 against, deleted provision at end of section applying to prohibition of sale, barter or gift of intoxicating liquors to Indians or introduction of such liquors into Indian country.

Cross references. — For other provisions guaranteeing religious freedom, see N.M. Const., art. II, § 11, and art. XII, § 9.

For consent of congress to 1953 amendment, see 67 Stat. 586, ch. 502, § 3 (1953).

Comparable provisions. — Utah Const., art. III, First.

Wyoming Const., art. XXI, § 25.

This section is the same as Enabling Act, § 2A. Tenorio v. Tenorio, 1940-NMSC-002, 44 N.M. 89, 98 P.2d 838 (decided before 1953 amendment), superseded by statute, Your Food Stores, Inc. v. Village of Espanola, 1961-NMSC-041, 68 N.M. 327, 361 P.2d 950.

Trial court determines whether belief is "religious". — Whether a defendant's belief is "religious" is to be decided by the trial court, and unless the trial court rules that the belief is religious, evidence of a defendant's religious belief should not be introduced before the jury. State v. Brashear, 1979-NMCA-027, 92 N.M. 622, 593 P.2d 63.

Traditionalism of belief is a factor to be considered, particularly in connection with organizations, in determining whether a belief is religious; however, traditionalism, in itself, is not determinative because it would give no effect to conversions or to revelations. State v. Brashear, 1979-NMCA-027, 92 N.M. 622, 593 P.2d 63.

Nature of belief factor to be considered in determining whether the belief is religious. State v. Brashear, 1979-NMCA-027, 92 N.M. 622, 593 P.2d 63.

But absence of organization espousing belief no factor. — The absence of an organization espousing the belief that a defendant contends is religious does not, in itself, determine whether an individual's belief is religious. State v. Brashear, 1979-NMCA-027, 92 N.M. 622, 593 P.2d 63.

Congress had power to prohibit introduction of liquor into pueblo lands, notwithstanding that Indians had a fee simple title; such legislation did not encroach upon police power of state. United States v. Sandoval, 231 U.S. 28, 34 S. Ct. 1, 58 L. Ed. 107 (1913) (decided before 1953 amendment).

Use of marijuana not intrinsic part of religion. — Where the evidence shows that defendant's belief was derived from defendant's personal views of the Bible, and those views under the evidence are no more than that the use and distribution of marijuana is permitted because marijuana is a gift from God, such a personal use does not amount to an intrinsic part of a religion. State v. Brashear, 1979-NMCA-027, 92 N.M. 622, 593 P.2d 63.

Sunday laws not religious. — The Sunday laws (40-44-1 to 40-44-5, 1953 Comp., now repealed) are not for any religious observance nor founded upon any religious considerations. 1915 Op. Att'y Gen. No. 15-1570.

Observance of Saturday as Sunday does not excuse violation of Sunday laws (40-44-1 to 40-44-5, 1953 Comp., now repealed). 1915 Op. Att'y Gen. No. 15-1570.

Law reviews. — For student symposium, "Constitutional Revision - Indians in the New Mexico Constitution," see 9 Nat. Resources J. 466 (1969).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 10 Am. Jur. 2d Bigamy § 24; 16A Am. Jur. 2d Constitutional Law § 477; 52 Am. Jur. 2d Marriage §§ 92, 94.

Advertising matter, statute or ordinance relating to distribution of, as interference with religious freedom, 22 A.L.R. 1484, 114 A.L.R. 1446.

Bigamy, religious belief as affecting crime of, 24 A.L.R. 1237.

Vaccination of school children, requirement of, as invasion of religious liberty, 93 A.L.R. 1431.

Patriotic ritual, such as oath of allegiance or salute to flag, etc., power of legislature to require, 110 A.L.R. 383, 120 A.L.R. 655, 127 A.L.R. 1502, 141 A.L.R. 1030, 147 A.L.R. 698.

Solicitation of alms or contributions for charitable, religious or individual purposes, validity of statutory regulations of, 128 A.L.R. 1361, 130 A.L.R. 1504.

Public officers, discrimination because of religious creed in respect of appointment, compensation, etc., of, 130 A.L.R. 1516.

Streets or parks, legislation as to use of, for religious purposes, 133 A.L.R. 1415.

License tax or regulations, constitutional guarantee of freedom of religion as applied to, 141 A.L.R. 538, 146 A.L.R. 109, 152 A.L.R. 322.

Constitutionality of statute providing school bus service for pupils of parochial or private schools, 168 A.L.R. 1434.

Inclusion of period of service in sectarian school in determining public school teachers' seniority, salary or retirement benefits, as a violation of constitutional separation of church and state, 2 A.L.R.2d 1033.

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

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

Public regulation and prohibition of sound amplifiers or loud-speaker broadcasts in streets and other public places, 10 A.L.R.2d 627.

Guardian, consideration and weight of religious affiliations in appointment or removal of, 22 A.L.R.2d 696.

Sunday, construction of statute or ordinance prohibiting or regulating sports and games on, 24 A.L.R.2d 813.

Divorce, separation or annulment, racial, religious or political differences as ground for, 25 A.L.R.2d 928.

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

Wills or deeds: validity of provisions prohibiting, penalizing or requiring marriage to one of a particular religious faith, 50 A.L.R.2d 740.

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.

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

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

Provision of religious facilities for prisoners, 12 A.L.R.3d 1276.

Validity of blasphemy statutes or ordinances, 41 A.L.R.3d 519.

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

Religion as factor in child custody and visitation cases, 22 A.L.R.4th 971.

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.

10 C.J.S. Bigamy § 7; 16A C.J.S. Constitutional Law § 515; 55 C.J.S. Marriage § 17.