42 U.S.C. § 2000cc — Protection of land use as religious exercise
submitted 26 years ago by Pub. L. 106-274 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 301 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
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—
is in furtherance of a compelling governmental interest; and
is the least restrictive means of furthering that compelling governmental interest.
This subsection applies in any case in which—
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;
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
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.
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.
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.
No government shall impose or implement a land use regulation that—
totally excludes religious assemblies from a jurisdiction; or
unreasonably limits religious assemblies, institutions, or structures within a jurisdiction.
Source credit: (Pub. L. 106–274, § 2, Sept. 22, 2000, 114 Stat. 803.)
- 2000Enacted · Pub. L. 106-274 · 114 Stat. 803
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-274 on 2000-09-22.
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