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42 U.S.C. § 2000cc — Protection of land use as religious exercise

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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** — 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

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Source location: Title 42, Chapter 21C, § 2000cc; chapter-21c-protection-of-religious-exercise-in-land-use-and-by-institutionalized-persons.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1988 — Proceedings in vindication of civil rights

**(a) Applicability of statutory and common law** The jurisdiction in civil and criminal matters conferred on the district courts by the provisions of titles 13, 24, and 70 of the Revised Statutes for the protection of all persons in the United States in their civil rights, and for their vindication, shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where they are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offenses against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of such civil or criminal cause is held, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern the said courts in the trial and disposition of the cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty. **(b) Attorney’s fees** In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92–318 [[20 U.S.C. 1681](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1681&num=0&edition=prelim) et seq.], the Religious Freedom Restoration Act of 1993 [[42 U.S.C. 2000bb](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000bb&num=0&edition=prelim) et seq.], the Religious Land Use and Institutionalized Persons Act of 2000 [[42 U.S.C. 2000cc](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000cc&num=0&edition=prelim) et seq.], title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2000cc–2 — Judicial relief

**(a) Cause of action** A person may assert a violation of this chapter as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution. **(b) Burden of persuasion** If a plaintiff produces prima facie evidence to support a claim alleging a violation of the Free Exercise Clause or a violation of [section 2000cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000cc&num=0&edition=prelim), the government shall bear the burden of persuasion on any element of the claim, except that the plaintiff shall bear the burden of persuasion on whether the law (including a regulation) or government practice that is challenged by the claim substantially burdens the plaintiff’s exercise of religion. **(c) Full faith and credit** Adjudication of a claim of a violation of [section 2000cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000cc&num=0&edition=prelim) in a non-Federal forum shall not be entitled to full faith and credit in a Federal court unless the claimant had a full and fair adjudication of that claim in the non-Federal forum. **(d) Omitted** **(e) Prisoners** Nothing in this chapter shall be construed to amend or repeal the Prison Litigation Reform Act of 1995 (including provisions of law amended by that Act). **(f) Authority of United States to enforce this chapter** The United States may bring an action for injunctive or declaratory relief to enforce compliance with this chapter. Nothing in this subsection shall be construed to deny, impair, or otherwise affect any right or authority of the Attorney Gene

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42 U.S.C. § 2000cc–3 — Rules of construction

**(a) Religious belief unaffected** Nothing in this chapter shall be construed to authorize any government to burden any religious belief. **(b) Religious exercise not regulated** Nothing in this chapter shall create any basis for restricting or burdening religious exercise or for claims against a religious organization including any religiously affiliated school or university, not acting under color of law. **(c) Claims to funding unaffected** Nothing in this chapter shall create or preclude a right of any religious organization to receive funding or other assistance from a government, or of any person to receive government funding for a religious activity, but this chapter may require a government to incur expenses in its own operations to avoid imposing a substantial burden on religious exercise. **(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** A government may avoid the preemptive force of any provision of this chapter by changing the policy or practice that results in a substantial burden on religious exercise, by retaining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions from the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden. **(f) Effect on other law** With respect to

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42 U.S.C. § 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.

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42 U.S.C. § 2000cc–5 — Definitions

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

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42 U.S.C. § 2000cc — Protection of land use as religious exer-

Page 5321 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2000cc–1 (Pub. L. 103–141, § 6, Nov. 16, 1993, 107 Stat. 1489; Pub. L. 106–274, § 7(b), Sept. 22, 2000, 114 Stat. 806.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 103–141, Nov. 16, 1993, 107 Stat. 1488, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 2000bb of this title and Tables. AMENDMENTS 2000—Subsec. (a). Pub. L. 106–274 struck out ‘‘and State’’ after ‘‘Federal’’. § 2000bb–4. Establishment clause unaffected Nothing in this chapter shall be construed to affect, interpret, or in any way address that por- tion of the First Amendment prohibiting laws respecting the establishment of religion (re- ferred to in this section as the ‘‘Establishment Clause’’). Granting government funding, bene- fits, or exemptions, to the extent permissible under the Establishment Clause, shall not con- stitute a violation of this chapter. As used in this section, the term ‘‘granting’’, used with re- spect to government funding, benefits, or ex- emptions, does not include the denial of govern- ment funding, benefits, or exemptions. (Pub. L. 103–141, § 7, Nov. 16, 1993, 107 Stat. 1489.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 103–141, Nov. 16, 1993, 107 Stat. 1488, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 2000bb of this title and Tables. CHAPTER 21C—PROTECTION OF RELIGIOUS EXERCISE IN LAND USE AND BY INSTITU- TIONALIZED PERSONS Sec. 2000cc. Protection of lan

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