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42 U.S.C. § 2000bb–4 — Establishment clause unaffected

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

42 U.S.C. § 2000bb–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 prohibiting laws respecting the 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. As used 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000bb–4

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Source file: Laws/federal/codes/united-states-code/title-42/section-2000bb4-establishment-clause-unaffected--09056be177.md
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Source location: Title 42, Chapter 21B, § 2000bb–4; chapter-21b-religious-freedom-restoration.md

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

42 U.S.C. § 2000bb — Congressional findings and declaration of purposes

**(a) Findings** The Congress finds that— (1) the framers of the Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution; (2) laws “neutral” toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise; (3) governments should not substantially burden religious exercise without compelling justification; (4) in Employment Division v. Smith, 494 U.S. 872 (1990) the Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion; and (5) the compelling interest test as set forth in prior Federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests. **(b) Purposes** The purposes of this chapter are— (1) to restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases where free exercise of religion is substantially burdened; and (2) to provide a claim or defense to persons whose religious exercise is substantially burdened by government.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000bb

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