42 U.S.C. § §2000cc. Protection of land use as relig — §2000cc. Protection of land use as religious exercise

FEDERAL · 42 U.S.C. · Chapter 21C

§2000cc. Protection of land use as religious exercise

42 U.S.C. § §2000cc. Protection of land use as relig

Chapter21C — PROTECTION OF RELIGIOUS EXERCISE IN LAND USE AND BY INSTITUTIONALIZED PERSONS

This text of 42 U.S.C. § §2000cc. Protection of land use as relig (§2000cc. Protection of land use as religious exercise) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

42 U.S.C. § §2000cc. Protection of land use as relig.

Text

(a)Substantial burdens 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. 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 fo

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(a) Substantial burdens
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.
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) Discrimination and exclusion
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.
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.
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.

Source Credit

History

(Pub. L. 106–274, §2, Sept. 22, 2000, 114 Stat. 803.)

Editorial Notes

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 sections 1988, 2000bb–2 and 2000bb–3 of this title] may be cited as the 'Religious Land Use and Institutionalized Persons Act of 2000' ".

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42 U.S.C. § §2000cc. Protection of land use as relig, Counsel Stack Legal Research, https://law.counselstack.com/usc/42/§2000cc. Protection of land use as relig.