§2000cc–5. Definitions

42 U.S.C. § §2000cc–5. Definitions

• Title: 42 — The Public Health and Welfare
• Chapter: 21C — PROTECTION OF RELIGIOUS EXERCISE IN LAND USE AND BY INSTITUTIONALIZED PERSONS

Text

In this chapter:
The term "claimant" means a person raising a claim or defense under this chapter.
The term "demonstrates" means meets the burdens of going forward with the evidence and of persuasion.
The term "Free Exercise Clause" means that portion of the first amendment to the Constitution that proscribes laws prohibiting the free exercise of religion.
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 sections 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.
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.
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.
The term "religious exercise" includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.
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.

History

(Pub. L. 106–274, §8, Sept. 22, 2000, 114 Stat. 806.)

Editorial Notes

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.