US (United States) Code. Title 42. Chapter 21C: Protection of religious exercise in land use

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 21C - PROTECTION OF RELIGIOUS EXERCISE IN

LAND USE AND BY INSTITUTIONALIZED PERSONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21C - PROTECTION OF RELIGIOUS EXERCISE IN LAND USE AND BY

INSTITUTIONALIZED PERSONS

-HEAD-

CHAPTER 21C - PROTECTION OF RELIGIOUS EXERCISE IN LAND USE AND BY

INSTITUTIONALIZED PERSONS

-MISC1-

Sec.

2000cc. Protection of land use as religious exercise.

(a) Substantial burdens.

(b) Discrimination and exclusion.

2000cc-1. Protection of religious exercise of

institutionalized persons.

(a) General rule.

(b) Scope of application.

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.

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.

(e) Governmental discretion in alleviating

burdens on religious exercise.

(f) Effect on other law.

(g) Broad construction.

(h) No preemption or repeal.

(i) Severability.

2000cc-4. Establishment Clause unaffected.

2000cc-5. Definitions.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1988 of this title.

-End-

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42 USC Sec. 2000cc 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21C - PROTECTION OF RELIGIOUS EXERCISE IN LAND USE AND BY

INSTITUTIONALIZED PERSONS

-HEAD-

Sec. 2000cc. Protection of land use as religious exercise

-STATUTE-

(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 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.

-SOURCE-

(Pub. L. 106-274, Sec. 2, Sept. 22, 2000, 114 Stat. 803.)

-MISC1-

SHORT TITLE

Pub. L. 106-274, Sec. 1, Sept. 22, 2000, 114 Stat. 803, provided

that: "This Act [enacting this chapter and amending sections 1988,

2000bb-2 and 2000bb-3 of this title] may be cited as the 'Religious

Land Use and Institutionalized Persons Act of 2000' ".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2000cc-2 of this title.

-End-

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42 USC Sec. 2000cc-1 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21C - PROTECTION OF RELIGIOUS EXERCISE IN LAND USE AND BY

INSTITUTIONALIZED PERSONS

-HEAD-

Sec. 2000cc-1. Protection of religious exercise of

institutionalized persons

-STATUTE-

(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.

-SOURCE-

(Pub. L. 106-274, Sec. 3, Sept. 22, 2000, 114 Stat. 804.)

-End-

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42 USC Sec. 2000cc-2 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21C - PROTECTION OF RELIGIOUS EXERCISE IN LAND USE AND BY

INSTITUTIONALIZED PERSONS

-HEAD-

Sec. 2000cc-2. Judicial relief

-STATUTE-

(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, 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 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 General, the United

States, or any agency, officer, or employee of the United States,

acting under any law other than this subsection, to institute or

intervene in any proceeding.

(g) Limitation

If the only jurisdictional basis for applying a provision of this

chapter is a claim that a substantial burden by a government on

religious exercise affects, or that removal of that substantial

burden would affect, commerce with foreign nations, among the

several States, or with Indian tribes, the provision shall not

apply if the government demonstrates that all substantial burdens

on, or the removal of all substantial burdens from, similar

religious exercise throughout the Nation would not lead in the

aggregate to a substantial effect on commerce with foreign nations,

among the several States, or with Indian tribes.

-SOURCE-

(Pub. L. 106-274, Sec. 4, Sept. 22, 2000, 114 Stat. 804.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 106-274, Sept. 22, 2000, 114 Stat. 803, which

is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 2000cc of this title and Tables.

The Prison Litigation Reform Act of 1995, referred to in subsec.

(e), is Pub. L. 104-134, title I, Sec. 101(a) [title VIII], Apr.

26, 1996, 110 Stat. 1321, 1321-66, as amended. For complete

classification of this Act to the Code, see Short Title of 1996

Amendment note set out under section 3601 of Title 18, Crimes and

Criminal Procedure, and Tables.

-COD-

CODIFICATION

Section is comprised of section 4 of Pub. L. 106-274. Subsec. (d)

of section 4 of Pub. L. 106-274 amended section 1988(b) of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2000cc-5 of this title.

-End-

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42 USC Sec. 2000cc-3 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21C - PROTECTION OF RELIGIOUS EXERCISE IN LAND USE AND BY

INSTITUTIONALIZED PERSONS

-HEAD-

Sec. 2000cc-3. Rules of construction

-STATUTE-

(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 a claim brought under this chapter, proof that a

substantial burden on a person's religious exercise affects, or

removal of that burden would affect, commerce with foreign nations,

among the several States, or with Indian tribes, shall not

establish any inference or presumption that Congress intends that

any religious exercise is, or is not, subject to any law other than

this chapter.

(g) Broad construction

This chapter shall be construed in favor of a broad protection of

religious exercise, to the maximum extent permitted by the terms of

this chapter and the Constitution.

(h) No preemption or repeal

Nothing in this chapter shall be construed to preempt State law,

or repeal Federal law, that is equally as protective of religious

exercise as, or more protective of religious exercise than, this

chapter.

(i) Severability

If any provision of this chapter or of an amendment made by this

chapter, or any application of such provision to any person or

circumstance, is held to be unconstitutional, the remainder of this

chapter, the amendments made by this chapter, and the application

of the provision to any other person or circumstance shall not be

affected.

-SOURCE-

(Pub. L. 106-274, Sec. 5, Sept. 22, 2000, 114 Stat. 805.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 106-274, Sept. 22, 2000, 114 Stat. 803, which

is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 2000cc of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2000cc-5 of this title.

-End-

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42 USC Sec. 2000cc-4 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21C - PROTECTION OF RELIGIOUS EXERCISE IN LAND USE AND BY

INSTITUTIONALIZED PERSONS

-HEAD-

Sec. 2000cc-4. Establishment Clause unaffected

-STATUTE-

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.

-SOURCE-

(Pub. L. 106-274, Sec. 6, Sept. 22, 2000, 114 Stat. 806.)

-End-

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42 USC Sec. 2000cc-5 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21C - PROTECTION OF RELIGIOUS EXERCISE IN LAND USE AND BY

INSTITUTIONALIZED PERSONS

-HEAD-

Sec. 2000cc-5. Definitions

-STATUTE-

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.

(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.

-SOURCE-

(Pub. L. 106-274, Sec. 8, Sept. 22, 2000, 114 Stat. 806.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2000bb-2 of this title.

-End-