Constitutional Law: Free Exercise of Religion

(VanHorn) Killion v. State Fund [4/22/99] 1999 MTWCC 30 Section 39-71-721(5), MCA, which provides that workers' compensation benefits to a surviving spouse terminate upon remarriage, does not violate constitutional provisions prohibiting the state from establishing religion or preventing the free exercise thereof. The statute is religiously neutral and simply reflects the fact that Montana laws create legal obligations between husband and wife, attempting to provide replacement income for the loss of support upon the death of a spouse.