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

Summary

Government must not use land‑use rules to place a big burden on a person’s or group’s religious practice, including churches and other religious groups, unless it proves a very strong reason and that no less restrictive option exists. The rule applies when the land rule is part of a program getting federal money, when removing or adding the burden would affect trade with other countries, states, or Indian tribes, or when the government decides property uses case by case. Governments must treat religious groups the same as nonreligious ones, not single them out, ban them, or place unreasonable limits on them.

Title 42, §2000cc

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

(a)(1)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)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)(1)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)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)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.

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’ ”.

§2000cc Protection of Land Use as Religious Exercise

Summary

Title 42, §2000cc

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Short Title

Citations & Metadata