42 U.S.C. § 2000cc-5 : US Code - Section 2000CC-5: Definitions
Search 42 U.S.C. § 2000cc-5 : US Code - Section 2000CC-5: Definitions
In this chapter:
(1) Claimant
The term "claimant" means a person raising a claim or defense
under this chapter.
(2) Demonstrates
The term "demonstrates" means meets the burdens of going
forward with the evidence and of persuasion.
(3) Free Exercise Clause
The term "Free Exercise Clause" means that portion of the first
amendment to the Constitution that proscribes laws prohibiting
the free exercise of religion.
(4) Government
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.
(5) Land use regulation
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.
(6) Program or activity
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.
(7) Religious exercise
(A) In general
The term "religious exercise" includes any exercise of
religion, whether or not compelled by, or central to, a system
of religious belief.
(B) Rule
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.
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