42 U.S.C. § 2000cc : US Code - Section 2000CC: Protection of land use as religious exercise
Search 42 U.S.C. § 2000cc : US Code - Section 2000CC: Protection of land use as religious exercise
(a) Substantial burdens
(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 -
(A) is in furtherance of a compelling governmental interest;
and
(B) is the least restrictive means of furthering that
compelling governmental interest.
(2) Scope of application
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
(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) 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) Exclusions and limits
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.
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