Title 42, The Public Health and WelfareRelease 119-110

§2000cc Protection of Land Use as Religious Exercise

Title 42 › CHAPTER 21C — PROTECTION OF RELIGIOUS EXERCISE IN LAND USE AND BY INSTITUTIONALIZED PERSONS › § 2000cc

Last updated Sep 22, 2026|Official source

Summary

Government must not use land rules to place a big burden on a person’s or group’s religious practice, including churches or other religious organizations, unless it proves two things: there is a very important government reason for the burden, and the burden is the least restrictive way to reach that reason. This rule applies when the land rule is part of a program that gets federal money (even if the rule applies to everyone), when the burden affects trade with foreign nations, between states, or with Indian tribes, or when the government enforces land rules by making case-by-case decisions about how a property can be used. Government must treat religious gatherings and institutions the same as nonreligious ones. It cannot single out or punish groups because of their religion or denomination. It also cannot completely ban religious assemblies from an area or place unreasonable limits on their buildings or activities.

Full Legal Text

Title 42, §2000cc

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

(a)Substantial burdens
(1)General rule
No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution—
(A)is in furtherance of a compelling governmental interest; and
(B)is the least restrictive means of furthering that compelling governmental interest.
(2)Scope of application
This subsection applies in any case in which—
(A)the substantial burden is imposed in a program or activity that receives Federal financial assistance, even if the burden results from a rule of general applicability;
(B)the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, even if the burden results from a rule of general applicability; or
(C)the substantial burden is imposed in the implementation of a land use regulation or system of land use regulations, under which a government makes, or has in place formal or informal procedures or practices that permit the government to make, individualized assessments of the proposed uses for the property involved.
(b)Discrimination and exclusion
(1)Equal terms
No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution.
(2)Nondiscrimination
No government shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination.
(3)Exclusions and limits
No government shall impose or implement a land use regulation that—
(A)totally excludes religious assemblies from a jurisdiction; or
(B)unreasonably limits religious assemblies, institutions, or structures within a jurisdiction.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 106–274, § 1, Sept. 22, 2000, 114 Stat. 803, provided that: “This Act [enacting this chapter and amending section 1988, 2000bb–2 and 2000bb–3 of this title] may be cited as the ‘Religious Land Use and Institutionalized Persons Act of 2000’ ”.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2000cc

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110