Title 42, The Public Health and WelfareRelease 119-73not60

§2000bb–1 Free Exercise of Religion Protected

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

Last updated Apr 5, 2026|Official source

Summary

The government cannot seriously interfere with a person’s religious practice, even if the rule applies to everyone, unless a strict test is met. The government may only do so if it proves the action serves an extremely important public goal and there is no less harmful way to reach that goal. If someone’s religion is wrongly burdened, they can raise that in court as a claim or a defense and get appropriate relief. Who can sue follows the usual federal court rules under Article III of the Constitution.

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 42, The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60