42 U.S.C. § 2000cc. Protection of land use as religious exercise
- (a)(a)
Substantial burdens
- (1)(a)(1)
General rule
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—
- (2)(a)(2)
Scope of application
This subsection applies in any case in which—
- (A)(a)(2)(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)(a)(2)(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)(a)(2)(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)(b)
Discrimination and exclusion
- (1)(b)(1)
Equal terms
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. - (2)(b)(2)
Nondiscrimination
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. - (3)
(Pub. L. 106–274, § 2, Sept. 22, 2000, 114 Stat. 803.)
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’ ”.