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THE RELIGIOUS LAND USE AND
INSTITUTIONALIZED PERSONS ACT OF 2000
(RLUIPA) |
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This Act has been ruled
constitutional by the United States Court of Appeals for the Ninth
Circuit, see Guru Nanak Sikh Society of Yuba City v. County of
Sutter, 456 F.3d 978 (9th Cir. 2006), overturning the Federal District Court in California,
see Elsinore Christian Center v. City of Lake Elsinore (C.D.
Cal., 2003) 270 F. Supp. 2d 1163. |
| OVERVIEW:
This Federal Act is designed to protect religious
assemblies and institutions in the use of their land and
buildings from zoning and historic landmark regulations that
substantially interfere with their free exercise of
religion. This law was passed in response to cases where
zoning and landmark boards discriminated against religious
assemblies by restricting or preventing remodeling or
expanding facilities or completely prohibiting development
in certain jurisdictions. The Act applies not only to
churches but arguably to any religious assembly, including
such assemblies as home worship meetings, bible study
groups, and the like. The Act requires a religious assembly
to prove that a zoning or landmark law substantially burdens
(a burden that is more than minimal or minor) the free
exercise of religion, and if shown, then shifts the burden
to the government agency to prove: (1) it has a “compelling
interest” in placing such a burden on the religious assembly
(i.e., an interest of the highest order, such as to protect
health, safety or other matters of public welfare), and (2)
there are no less restrictive means of protecting that
compelling interest. The Act prohibits excluding religious
assemblies from a jurisdiction or from unreasonably limiting
religious assemblies or institutions within a jurisdiction. |
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UNITED STATES CODE SERVICE
*** CURRENT THROUGH P.L. 110-17, APPROVED 4/9/2007 ***
TITLE 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 21C. RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS
42 USCS § 2000cc (2007)
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§ 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—
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(A) is in furtherance of a
compelling governmental interest; and
(B) is the least restrictive means of furthering that
compelling governmental interest.
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(2) Scope of application. This
subsection applies in any case in which—
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(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.
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| (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—
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(A) totally excludes
religious assemblies from a jurisdiction; or
(B) unreasonably limits religious assemblies, institutions,
or structures within a jurisdiction.
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| END OF STATUTE |
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42 USCS § 2000cc-1 (2007)
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§ 2000cc-1. Protection of religious
exercise of institutionalized persons
| (a) General rule.
No government shall impose a substantial burden on the religious
exercise of a person residing in or confined to an institution,
as defined in section 2 of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997), even if the burden results from a
rule of general applicability, unless the government
demonstrates that imposition of the burden on that person— |
(1) is in furtherance of a
compelling governmental interest; and
(2) is the least restrictive means of furthering that
compelling governmental interest.
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| (b) Scope of
application. This section applies in any case in which— |
(1) the substantial burden is
imposed in a program or activity that receives Federal
financial assistance; or
(2) the substantial burden affects, or removal of that
substantial burden would affect, commerce with foreign
nations, among the several States, or with Indian tribes.
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42 USCS § 2000cc-2 (2007) |
§ 2000cc-2. Judicial relief
(a) Cause of
action. A person may assert a violation of this Act 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 2 [42 USCS § 2000cc],
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 2 [42 USCS § 2000cc] 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 Act 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 Act. The United
States may bring an action for injunctive or declaratory relief
to enforce compliance with this Act. 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 Act 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.
END OF STATUTE |
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42 USCS § 2000cc-3 (2003)
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§ 2000cc-3. Rules of construction
(a) Religious
belief unaffected. Nothing in this Act shall be construed to
authorize any government to burden any religious belief.
(b) Religious exercise not regulated. Nothing in this Act 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.
(c) Claims to funding unaffected. Nothing in this Act 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 Act may require a government to incur expenses in its
own operations to avoid imposing a substantial burden on
religious exercise.
(d) Other authority to impose conditions on funding unaffected.
Nothing in this Act shall—
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(1) 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
(2) restrict any authority that may exist under other law to
so regulate or affect, except as provided in this Act.
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(e) Governmental
discretion in alleviating burdens on religious exercise. A
government may avoid the preemptive force of any provision of
this Act 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.
(f) Effect on other law. With respect to a claim brought under
this Act, 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 Act.
(g) Broad construction. This Act shall be construed in favor of
a broad protection of religious exercise, to the maximum extent
permitted by the terms of this Act and the Constitution.
(h) No preemption or repeal. Nothing in this Act 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 Act.
(i) Severability. If any provision of this Act or of an
amendment made by this Act, or any application of such provision
to any person or circumstance, is held to be unconstitutional,
the remainder of this Act, the amendments made by this Act, and
the application of the provision to any other person or
circumstance shall not be affected.
END OF STATUTE |
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42 USCS § 2000cc-4 (2007)
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§ 2000cc-4. Establishment Clause
unaffected
Nothing in this Act shall be construed to affect, interpret, or
in any way address that portion of the first amendment to the
Constitution prohibiting laws respecting an establishment of
religion (referred to in this section as the "Establishment
Clause"). Granting government funding, benefits, or exemptions, to
the extent permissible under the Establishment Clause, shall not
constitute a violation of this Act. In this section, the term
"granting", used with respect to government funding, benefits, or
exemptions, does not include the denial of government funding,
benefits, or exemptions.
END OF STATUTE |
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42 USCS § 2000cc-5 (2007)
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§ 2000cc-5. Definitions
In this Act:
(1) Claimant. The
term "claimant" means a person raising a claim or defense under
this Act.
(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—
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(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
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(B) for the purposes of
sections 4(b) and 5 [42 USCS §§ 2000cc-2(b) and 2000cc-3],
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.
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(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 606 of the Civil Rights Act of 1964 (42
U.S.C. 2000d-4a).
(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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| END OF STATUTE |
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