Title 42, The Public Health and WelfareRelease 119-110
§2000bb–1 Free Exercise of Religion Protected
Title 42 › CHAPTER 21B — RELIGIOUS FREEDOM RESTORATION › § 2000bb–1
Summary
The government must not make it much harder for a person to practice their religion, even if the rule applies to everyone. The government can only do that if it shows the burden protects a very important government goal and there is no less restrictive way to reach that goal. If someone’s religious practice was wrongly burdened, they can raise that claim or defense in court and seek relief. Whether a person can sue follows the usual Article III rules.
Full Legal Text
Title 42, §2000bb–1
The Public Health and Welfare, Source: USLM XML via OLRC
(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.
Reference
Citations & Metadata
Citation
42 U.S.C. § 2000bb–1
Title 42, The Public Health and Welfare
Last Updated
Sep 22, 2026
Release point: 119-110