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

§2000cc–3 Rules of Construction

Title 42 › Chapter 21C— PROTECTION OF RELIGIOUS EXERCISE IN LAND USE AND BY INSTITUTIONALIZED PERSONS › § 2000cc–3

Last updated Apr 5, 2026|Official source

Summary

Protects religious beliefs and practices from being burdened by the government. It says the law cannot be used to restrict or punish religious exercise or to make claims against a religious group or a religious school or university that is not acting as the government. The law does not by itself give or take away a right to get government money for religious activities, but it can require a government to spend money in its own programs if that is needed to avoid a substantial burden on religion. Limits how the government can act. It cannot force private people or groups to change their policies just because they want funding. A government can avoid conflict with this law by changing its rules, making exemptions, or otherwise removing the burden. Showing a burden affects interstate, foreign, or tribal commerce does not mean other laws apply. The law must be read to give the widest protection it allows, it does not override state or federal laws that are as protective or more protective, and if one part is struck down, the rest stays in force.

Full Legal Text

Title 42, §2000cc–3

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

(a)Nothing in this chapter shall be construed to authorize any government to burden any religious belief.
(b)Nothing in this chapter shall create any basis for restricting or burdening religious exercise or for claims against a religious organization including any religiously affiliated school or university, not acting under color of law.
(c)Nothing in this chapter shall create or preclude a right of any religious organization to receive funding or other assistance from a government, or of any person to receive government funding for a religious activity, but this chapter may require a government to incur expenses in its own operations to avoid imposing a substantial burden on religious exercise.
(d)Nothing in this chapter shall—
(1)authorize a government to regulate or affect, directly or indirectly, the activities or policies of a person other than a government as a condition of receiving funding or other assistance; or
(2)restrict any authority that may exist under other law to so regulate or affect, except as provided in this chapter.
(e)A government may avoid the preemptive force of any provision of this chapter by changing the policy or practice that results in a substantial burden on religious exercise, by retaining the policy or practice and exempting the substantially burdened religious exercise, by providing exemptions from the policy or practice for applications that substantially burden religious exercise, or by any other means that eliminates the substantial burden.
(f)With respect to a claim brought under this chapter, proof that a substantial burden on a person’s religious exercise affects, or removal of that burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, shall not establish any inference or presumption that Congress intends that any religious exercise is, or is not, subject to any law other than this chapter.
(g)This chapter shall be construed in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of this chapter and the Constitution.
(h)Nothing in this chapter shall be construed to preempt State law, or repeal Federal law, that is equally as protective of religious exercise as, or more protective of religious exercise than, this chapter.
(i)If any provision of this chapter or of an amendment made by this chapter, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this chapter, the amendments made by this chapter, and the application of the provision to any other person or circumstance shall not be affected.

Legislative History

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2000cc–3

Title 42, The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60