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42 U.S.C. § 2000bb–1 — Free exercise of religion protected

submitted 33 years ago by Pub. L. 103-141 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 136 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets rules about Free exercise of religion protected. It contains the requirements and limits stated in the section.

(a) In general Government must not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b).

(b) Exception Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person— (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.

(c) Judicial relief A person whose religious exercise has been burdened in violation of this section may assert that violation 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 must be governed by the general rules of standing under article III of the Constitution.

the actual law source: uscode.house.gov ↗public domain
(a) In general

Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b).

(b) Exception

Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person—

(1)

is in furtherance of a compelling governmental interest; and

(2)

is the least restrictive means of furthering that compelling governmental interest.

(c) Judicial relief

A person whose religious exercise has been burdened in violation of this section may assert that violation 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.

Source credit: (Pub. L. 103–141, § 3, Nov. 16, 1993, 107 Stat. 1488.)

history & why it existsrecord from the source credit
  • 1993Enacted · Pub. L. 103-141 · 107 Stat. 1488

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-141 on 1993-11-16.

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