United States Code Title 42 — The Public Health and Welfare

§ 2000bb–1. Free exercise of religion protected

§ 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

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.