42 U.S.C. § 2000cc–2: Judicial relief

Summary

People can go to court to say a government broke the rules in this law. They can sue or use the claim as a defense. Who can bring a case follows the normal standing rules in Article III of the Constitution. If a person gives basic evidence for a Free Exercise or section 2000cc claim, the government must prove its case on most points. But the person bringing the claim must prove that the law or government practice actually puts a big burden on their religious practice. A decision about a claim in a non-federal forum won’t count the same in federal court unless the person had a full and fair hearing there. The United States may sue to force the law through injunctions or a court statement of rights. Nothing here changes the Prison Litigation Reform Act of 1995 or limits other federal officials from acting under other laws. If the only federal reason to apply a part of this law is an effect on commerce, that part won’t apply when the government shows that, even looking at similar religious cases nationwide, there would not be a substantial effect on commerce with foreign nations, among the several States, or with Indian tribes.

Title 42, §2000cc–2

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

(a)Cause of action

A person may assert a violation of this chapter 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.

(b)Burden of persuasion

If a plaintiff produces prima facie evidence to support a claim alleging a violation of the Free Exercise Clause or a violation of section 2000cc of this title, the government shall bear the burden of persuasion on any element of the claim, except that the plaintiff shall bear the burden of persuasion on whether the law (including a regulation) or government practice that is challenged by the claim substantially burdens the plaintiff’s exercise of religion.

(c)Full faith and credit

Adjudication of a claim of a violation of section 2000cc of this title in a non-Federal forum shall not be entitled to full faith and credit in a Federal court unless the claimant had a full and fair adjudication of that claim in the non-Federal forum.

(d)Omitted

(e)Prisoners

Nothing in this chapter shall be construed to amend or repeal the Prison Litigation Reform Act of 1995 (including provisions of law amended by that Act).

(f)Authority of United States to enforce this chapter

The United States may bring an action for injunctive or declaratory relief to enforce compliance with this chapter. Nothing in this subsection shall be construed to deny, impair, or otherwise affect any right or authority of the Attorney General, the United States, or any agency, officer, or employee of the United States, acting under any law other than this subsection, to institute or intervene in any proceeding.

(g)Limitation

If the only jurisdictional basis for applying a provision of this chapter is a claim that a substantial burden by a government on religious exercise affects, or that removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, the provision shall not apply if the government demonstrates that all substantial burdens on, or the removal of all substantial burdens from, similar religious exercise throughout the Nation would not lead in the aggregate to a substantial effect on commerce with foreign nations, among the several States, or with Indian tribes.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 106–274, Sept. 22, 2000, 114 Stat. 803, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 2000cc of this title and Tables. The Prison Litigation Reform Act of 1995, referred to in subsec. (e), is Pub. L. 104–134, title I, § 101(a) [title VIII], Apr. 26, 1996, 110 Stat. 1321, 1321–66. For complete classification of this Act to the Code, see

Short Title

of 1996 Amendment note set out under section 3601 of Title 18, Crimes and Criminal Procedure, and Tables. Codification Section is comprised of section 4 of Pub. L. 106–274. Subsec. (d) of section 4 of Pub. L. 106–274 amended section 1988(b) of this title.

§2000cc–2 Judicial Relief

Summary

Title 42, §2000cc–2

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Citations & Metadata