§2000cc–5 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Defines key words used in the chapter. "Claimant" is a person making a claim or defense under this chapter. "Demonstrates" means meets the burdens of producing evidence and persuading a decisionmaker. "Free Exercise Clause" means the part of the First Amendment that stops laws from banning religious practice. "Government" usually means a State, county, city, other state-created entity, their branches or officials, and anyone acting under state law; for two specific sections it also includes the United States, federal branches or officials, and anyone acting under federal law. "Land use regulation" means zoning or landmark rules that limit how someone with a property interest (like ownership, a lease, an easement, or a contract to buy) can use or develop land or buildings. "Program or activity" means all operations of certain entities defined elsewhere in the chapter. "Religious exercise" covers any religious practice, and using, building, or changing property for religion counts as religious exercise for the person or group involved.

Title 42, §2000cc–5

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

In this chapter:

(1)The term “claimant” means a person raising a claim or defense under this chapter.

(2)The term “demonstrates” means meets the burdens of going forward with the evidence and of persuasion.

(3)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)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 section 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)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)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)(A)The term “religious exercise” includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.

(B)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.

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–5 Definitions