42 U.S.C. § 2000cc–5: Definitions

Summary

Defines key words so readers know who is covered and what counts. "Claimant" means a person making a claim or defense. "Demonstrates" means shows enough evidence and convinces the decision-maker. "Free Exercise Clause" means the part of the First Amendment that bars laws that stop people from practicing religion. "Government" means state and local governments, their branches and officials, and people acting under state law; for two parts of the chapter it also includes the United States and people acting under federal law. "Land use regulation" means zoning or landmark rules that limit use or development of land when the person has a property interest or a contract to get one. "Program or activity" means all operations of the types of entities listed in section 2000d–4a. "Religious exercise" includes any form of practicing religion, and using, building, or changing property for worship counts as religious exercise.

Title 42, §2000cc–5

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

In this chapter:

(1)Claimant

The term “claimant” means a person raising a claim or defense under this chapter.

(2)Demonstrates

The term “demonstrates” means meets the burdens of going forward with the evidence and of persuasion.

(3)Free Exercise Clause

The term “Free Exercise Clause” means that portion of the first amendment to the Constitution that proscribes laws prohibiting the free exercise of religion.

(4)Government

The term “government”—

(A)means—

(i)a State, county, municipality, or other governmental entity created under the authority of a State;

(ii)any branch, department, agency, instrumentality, or official of an entity listed in clause (i); and

(iii)any other person acting under color of State law; and

(B)for the purposes of section 2000cc–2(b) and 2000cc–3 of this title, includes the United States, a branch, department, agency, instrumentality, or official of the United States, and any other person acting under color of Federal law.

(5)Land use regulation

The term “land use regulation” means a zoning or landmarking law, or the application of such a law, that limits or restricts a claimant’s use or development of land (including a structure affixed to land), if the claimant has an ownership, leasehold, easement, servitude, or other property interest in the regulated land or a contract or option to acquire such an interest.

(6)Program or activity

The term “program or activity” means all of the operations of any entity as described in paragraph (1) or (2) of section 2000d–4a of this title.

(7)Religious exercise

(A)In general

The term “religious exercise” includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.

(B)Rule

The use, building, or conversion of real property for the purpose of religious exercise shall be considered to be religious exercise of the person or entity that uses or intends to use the property for that purpose.

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.

§2000cc–5 Definitions