Title 42The Public Health and WelfareRelease 119-73

§2000bb–1 Free exercise of religion protected

Title 42 › Chapter CHAPTER 21B— - RELIGIOUS FREEDOM RESTORATION › § 2000bb–1

Last updated Apr 6, 2026|Official source

Summary

Government must not substantially burden a person's religious practice, even by a generally applicable rule. It may only do so to serve a compelling government interest and by the least restrictive means, and a harmed person can sue under the usual Article III standing rules.

Full Legal Text

Title 42, §2000bb–1

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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)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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2000bb–1

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73