42 U.S.C. § 2000cc-2 : US Code - Section 2000CC-2: Judicial relief

Search 42 U.S.C. § 2000cc-2 : US Code - Section 2000CC-2: Judicial relief

    (a) Cause of action
      A person may assert a violation of this chapter as a claim or
    defense in a judicial proceeding and obtain appropriate relief
    against a government. Standing to assert a claim or defense under
    this section shall be governed by the general rules of standing
    under article III of the Constitution.
    (b) Burden of persuasion
      If a plaintiff produces prima facie evidence to support a claim
    alleging a violation of the Free Exercise Clause or a violation of
    section 2000cc of this title, the government shall bear the burden
    of persuasion on any element of the claim, except that the
    plaintiff shall bear the burden of persuasion on whether the law
    (including a regulation) or government practice that is challenged
    by the claim substantially burdens the plaintiff's exercise of
    religion.
    (c) Full faith and credit
      Adjudication of a claim of a violation of section 2000cc of this
    title in a non-Federal forum shall not be entitled to full faith
    and credit in a Federal court unless the claimant had a full and
    fair adjudication of that claim in the non-Federal forum.
    (d) Omitted
    (e) Prisoners
      Nothing in this chapter shall be construed to amend or repeal the
    Prison Litigation Reform Act of 1995 (including provisions of law
    amended by that Act).
    (f) Authority of United States to enforce this chapter
      The United States may bring an action for injunctive or
    declaratory relief to enforce compliance with this chapter. Nothing
    in this subsection shall be construed to deny, impair, or otherwise
    affect any right or authority of the Attorney General, the United
    States, or any agency, officer, or employee of the United States,
    acting under any law other than this subsection, to institute or
    intervene in any proceeding.
    (g) Limitation
      If the only jurisdictional basis for applying a provision of this
    chapter is a claim that a substantial burden by a government on
    religious exercise affects, or that removal of that substantial
    burden would affect, commerce with foreign nations, among the
    several States, or with Indian tribes, the provision shall not
    apply if the government demonstrates that all substantial burdens
    on, or the removal of all substantial burdens from, similar
    religious exercise throughout the Nation would not lead in the
    aggregate to a substantial effect on commerce with foreign nations,
    among the several States, or with Indian tribes.