§2000cc–3 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Protects religious beliefs and practices from being burdened by the government. It does not give governments permission to restrict religion or to bring claims against religious groups that are not acting as the government. It does not create or take away a right to get government money for religious activities, though it may require a government to spend money in its own programs to avoid seriously burdening religion. It also does not let funding rules force private people or groups to change their activities, and it does not change other laws unless the chapter says so. A government can stop a conflict by changing or exempting the rule that causes the burden. Showing that a burden affects trade or commerce does not prove that other laws apply. The chapter must be read to give wide protection for religious practice within the limits of the chapter and the Constitution. It does not cancel state or federal laws that are as protective or more protective. If one part is found unconstitutional, the rest stays in effect.

Title 42, §2000cc–3

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

(a)Nothing in this chapter shall be construed to authorize any government to burden any religious belief.

(b)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)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)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)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)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)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

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.

§2000cc–3 Rules of construction