Title 42, The Public Health and WelfareRelease 119-110

§2000cc–1 Protection of Religious Exercise of Institutionalized Persons

Title 42 › CHAPTER 21C — PROTECTION OF RELIGIOUS EXERCISE IN LAND USE AND BY INSTITUTIONALIZED PERSONS › § 2000cc–1

Last updated Sep 22, 2026|Official source

Summary

Government must not place a big burden on a person’s religious practice if that person lives in or is confined to an institution (see section 1997 for the definition), even when the rule applies to everyone. The government can only do this if it proves two things: the burden serves a very important government goal, and there is no less restrictive way to achieve that goal. This rule applies when the burden happens in a program or activity that gets federal money, or when the burden (or removing it) would affect commerce with other countries, between states, or with Indian tribes.

Full Legal Text

Title 42, §2000cc–1

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

(a)General rule

No government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution, as defined in section 1997 of this title, even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person—

(1)is in furtherance of a compelling governmental interest; and

(2)is the least restrictive means of furthering that compelling governmental interest.

(b)Scope of application

This section applies in any case in which—

(1)the substantial burden is imposed in a program or activity that receives Federal financial assistance; or

(2)the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2000cc–1

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110