42 USC 2000bb-1 – Free exercise of religion protected
(a) In general
Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b).
(b) Exception
Terms Used In 42 USC 2000bb-1
- demonstrates: means meets the burdens of going forward with the evidence and of persuasion. See 42 USC 2000bb-2
- exercise of religion: means religious exercise, as defined in section 2000cc-5 of this title. See 42 USC 2000bb-2
- government: includes a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the United States, or of a covered entity. See 42 USC 2000bb-2
Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person—
(1) is in furtherance of a compelling governmental interest; and
(2) is the least restrictive means of furthering that compelling governmental interest.
(c) Judicial relief
A person whose religious exercise has been burdened in violation of this section may assert that violation 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.