Laws: Cases and Codes : U.S. Code : Title 42 : Section 2000bb


   
U.S. Code as of: 01/19/04
Section 2000bb. Congressional findings and declaration of purposes

    (a) Findings
      The Congress finds that - 
        (1) the framers of the Constitution, recognizing free exercise
      of religion as an unalienable right, secured its protection in
      the First Amendment to the Constitution;
        (2) laws "neutral" toward religion may burden religious
      exercise as surely as laws intended to interfere with religious
      exercise;
        (3) governments should not substantially burden religious
      exercise without compelling justification;
        (4) in Employment Division v. Smith, 494 U.S. 872 (1990) the
      Supreme Court virtually eliminated the requirement that the
      government justify burdens on religious exercise imposed by laws
      neutral toward religion; and
        (5) the compelling interest test as set forth in prior Federal
      court rulings is a workable test for striking sensible balances
      between religious liberty and competing prior governmental
      interests.
    (b) Purposes
      The purposes of this chapter are - 
        (1) to restore the compelling interest test as set forth in
      Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. Yoder,
      406 U.S. 205 (1972) and to guarantee its application in all cases
      where free exercise of religion is substantially burdened; and
        (2) to provide a claim or defense to persons whose religious
      exercise is substantially burdened by government.



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