§ 2000cc–3. Rules of construction

485 words·~2 min read·/usc/title-42/section-2000cc-3

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Nothing in this chapter shall be construed to authorize any government to burden any religious belief. 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. 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.

Nothing in this chapter shall— 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 restrict any authority that may exist under other law to so regulate or affect, except as provided in this chapter. 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.

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. 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.

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. 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.

( Pub. L. 106–274, § 5 , Sept. 22, 2000 , 114 Stat. 805 .)

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Pub. L. 106-274
114 Stat. 805
114 Stat. 803

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§ 2000cc–3

Rules of construction

Fed. Reg.×3

Pub. L.Pub. L. 106-274

Stat.114 Stat. 805

Stat.114 Stat. 803

Cites 3Cited by 3 across 1 source