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United
States Code Annotated Currentness. Title 42. The Public Health
and Welfare. Chapter 21B. Religious Freedom Restoration. §
2000bb-1. Free exercise of religion protected.
Citation: 42 USC 2000bb-1
Summary: RFRA provides that the government may not substantially
burden an individual's free exercise of religion unless it is in
furtherance of a compelling government interest and it is done
through the least restrictive means. For full discussion on how
the RFRA analysis implicates the Bald and Golden Eagle
Protection Act, see Detailed Discussion on Eagle Act.
Statute in Full:
Held Unconstitutional by
City of Boerne v. Flores, 117 S.Ct. 2157, 2158+, 521 U.S. 507,
507+, 138 L.Ed.2d 624, 624+, 65 USLW 4612, 4612+, 74 Fair
Empl.Prac.Cas. (BNA) 62, 62+, 70 Empl
§ 2000bb-1. Free exercise of religion protected
Current through P.L. 107-185, approved 5-30-02 (except P.L.
107-171)
(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) of this
section.
(b) Exception
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.
CREDIT(S)
(Pub.L. 103-141, § 3, Nov. 16, 1993, 107 Stat. 1488.)
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