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42 U.S.C. § 2000cc–5 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Claimant** — The term “claimant” means a person raising a claim or defense under this chapter.
(2) **Demonstrates** — The term “demonstrates” means meets the burdens of going forward with the evidence and of persuasion.
(3) **Free Exercise Clause** — The term “Free Exercise Clause” means that portion of the first amendment to the Constitution that proscribes laws prohibiting the free exercise of religion.
(4) **Government** — The 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** — The term “land use regulation” means a zoning or landmarking law, or the application of such a law, that limits or restricts a claimant’s use or development of land (including a structure affixed to land), if the claimant has an ownership, leasehold, easement, servitude, or other property interest in the regulated land or a contract or option to acquire such an interest.
(6) **Program or activity** — The term “program or activity” means all of the operations of any entity as described in paragraph (1) or (2) of [section 2000d–4a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d-4a&num=0&edition=prelim).
(7) **Religious exercise**
(A) *In general* — The term “religious exercise” includes an
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000cc–5
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Stable record: federal_law:legal_authorities:record_usc_0cb4274d573099747b780d6a
Source file: Laws/federal/codes/united-states-code/title-42/section-2000cc5-definitions--934aacee7c.md
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Source location: Title 42, Chapter 21C, § 2000cc–5; chapter-21c-protection-of-religious-exercise-in-land-use-and-by-institutionalized-persons.md
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In this chapter:
(1) **Claimant** — The term “claimant” means a person raising a claim or defense under this chapter.
(2) **Demonstrates** — The term “demonstrates” means meets the burdens of going forward with the evidence and of persuasion.
(3) **Free Exercise Clause** — The term “Free Exercise Clause” means that portion of the first amendment to the Constitution that proscribes laws prohibiting the free exercise of religion.
(4) **Government** — The 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** — The term “land use regulation” means a zoning or landmarking law, or the application of such a law, that limits or restricts a claimant’s use or development of land (including a structure affixed to land), if the claimant has an ownership, leasehold, easement, servitude, or other property interest in the regulated land or a contract or option to acquire such an interest.
(6) **Program or activity** — The term “program or activity” means all of the operations of any entity as described in paragraph (1) or (2) of [section 2000d–4a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d-4a&num=0&edition=prelim).
(7) **Religious exercise**
(A) *In general* — The term “religious exercise” includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.
(B) *Rule* — The use, building, or conversion of real property for the purpose of religious exercise shall be considered to be religious exercise of the person or entity that uses or intends to use the property for that purpose.
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Federal law — U.S. Code and appendices · legal_authorities
**(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** — No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution.
(2) **Nondiscrimination** — No government shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination.
(3) **Exclusions an
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000cc
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