Collapse to view only § 2000cc. Protection of land use as religious exercise
- § 2000cc. Protection of land use as religious exercise
- § 2000cc-1. Protection of religious exercise of institutionalized persons
- § 2000cc-2. Judicial relief
- § 2000cc-3. Rules of construction
- § 2000cc-4. Establishment Clause unaffected
- § 2000cc-5. Definitions
§ 2000cc. Protection of land use as religious exercise
(a) Substantial burdens
(1) General rule
No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution—
(A) is in furtherance of a compelling governmental interest; and
(B) is the least restrictive means of furthering that compelling governmental interest.
(2) Scope of application
This subsection applies in any case in which—
(A) the substantial burden is imposed in a program or activity that receives Federal financial assistance, even if the burden results from a rule of general applicability;
(B) the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, even if the burden results from a rule of general applicability; or
(C) the substantial burden is imposed in the implementation of a land use regulation or system of land use regulations, under which a government makes, or has in place formal or informal procedures or practices that permit the government to make, individualized assessments of the proposed uses for the property involved.
(b) Discrimination and exclusion
(1) Equal terms
(2) Nondiscrimination
(3) Exclusions and limits
No government shall impose or implement a land use regulation that—
(A) totally excludes religious assemblies from a jurisdiction; or
(B) unreasonably limits religious assemblies, institutions, or structures within a jurisdiction.
(Pub. L. 106–274, § 2, Sept. 22, 2000, 114 Stat. 803.)
§ 2000cc–1. Protection of religious exercise of institutionalized persons
(a) General rule
No government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution, as defined in section 1997 of this title, even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person—
(1) is in furtherance of a compelling governmental interest; and
(2) is the least restrictive means of furthering that compelling governmental interest.
(b) Scope of application
This section applies in any case in which—
(1) the substantial burden is imposed in a program or activity that receives Federal financial assistance; or
(2) the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes.
(Pub. L. 106–274, § 3, Sept. 22, 2000, 114 Stat. 804.)
§ 2000cc–2. Judicial relief
(a) Cause of action
(b) Burden of persuasion
(c) Full faith and credit
(d) Omitted
(e) Prisoners
(f) Authority of United States to enforce this chapter
(g) Limitation
(Pub. L. 106–274, § 4, Sept. 22, 2000, 114 Stat. 804.)
§ 2000cc–3. Rules of construction
(a) Religious belief unaffected
(b) Religious exercise not regulated
(c) Claims to funding unaffected
(d) Other authority to impose conditions on funding unaffected
Nothing in this chapter shall—
(1) authorize a government to regulate or affect, directly or indirectly, the activities or policies of a person other than a government as a condition of receiving funding or other assistance; or
(2) restrict any authority that may exist under other law to so regulate or affect, except as provided in this chapter.
(e) Governmental discretion in alleviating burdens on religious exercise
(f) Effect on other law
(g) Broad construction
(h) No preemption or repeal
(i) Severability
(Pub. L. 106–274, § 5, Sept. 22, 2000, 114 Stat. 805.)
§ 2000cc–4. Establishment Clause unaffected
Nothing in this chapter shall be construed to affect, interpret, or in any way address that portion of the first amendment to the Constitution prohibiting laws respecting an establishment of religion (referred to in this section as the “Establishment Clause”). Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this chapter. In this section, the term “granting”, used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.
(Pub. L. 106–274, § 6, Sept. 22, 2000, 114 Stat. 806.)
§ 2000cc–5. DefinitionsIn this chapter:
(1) Claimant
(2) Demonstrates
(3) Free Exercise Clause
(4) GovernmentThe term “government”—
(A) means—
(i) a State, county, municipality, or other governmental entity created under the authority of a State;
(ii) any branch, department, agency, instrumentality, or official of an entity listed in clause (i); and
(iii) any other person acting under color of State law; and
(B) for the purposes of sections 2000cc–2(b) and 2000cc–3 of this title, includes the United States, a branch, department, agency, instrumentality, or official of the United States, and any other person acting under color of Federal law.
(5) Land use regulation
(6) Program or activity
(7) Religious exercise
(A) In general
(B) Rule
(Pub. L. 106–274, § 8, Sept. 22, 2000, 114 Stat. 806.)