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Civil Righ� Division Home Page http:/hvww justice.govlcrt/housing/housing_duipa2.php <br />. .—. — <br />substantial burden by a govemment on religious exercise affec[s, or that removal of <br />iM1at substantial burden woultl aBect, commerce with foreign nations, among the <br />several States, or with Indian tribes, the provision shall not apply if ihe government <br />demonstrates ihat all substantial burdens on, or the removal of all substantial burdens <br />from, similar religious exercise thmug�out ihe Nation woultl not lead in the aggregate <br />to a substantial ettecl on commerce with foreign nations, among the several States, or <br />with Intlian inbes. <br />§2000cc-3. Rules of construction <br />(a) Religious beliei unaHectetl <br />Nothing in ihis chapter shall be consVUed to authorize any govemment to burden any <br />religious belief. <br />(b) Religious exercise not regulated <br />Nothing in this chapter shall create any basis For restncting or burtlening religious <br />exercise or for Gaims against a religious organization including any religiously afiliated <br />school or university, not acting under cobr of law. <br />(c) Claims to funding unaffected <br />Nothing in Ihis chapter shall create or preclude a nght of any religious organization to <br />receive funding or other assistance from a govemment, or of any person to receive <br />govemment funding for a religious aqivity, but [his chapter may require a govemment <br />lo incur e�enses in its own operations to avoid imposing a substantial burden on <br />religious exercise. <br />(d) Other authority to impose condkions on funding unaffec[ed Nothing in this chap[er <br />shall— <br />(1) authonze a 9ovemmenl lo regulate or affecl, direc[ly or indirectly, lhe acUNlies or <br />policies of a person oMerthan a qovemment as a contlition of receiving funtling or <br />other assistance; or <br />(2) resOriCt any aut�onry ihat may exist under other law to so regulate or aHect, <br />except as provided in ihis chapter <br />(e) Govemmental tliscretion in alleviatin9 burdens on reiigious ezercise <br />Agovemment may avoid ihe preemptive force of any provision of this chapter by <br />��� ' changing the policy or practice that resuNs in a substantial burden on religious <br />.- exercise, by retaining the poliq or practice and exemptlng the substan6ally burdened <br />religious exercise, Dy providing exemptions from the policy or precdce tor applications <br />t�at substantialty burden religious exerciu, or by any other means that eliminates the <br />sub5tantial burden. <br />(� Effect on olher law <br />VYith respect to a claim brought under this chapter, proof that a substantial burden on a <br />person's religious exercise aftects, or removal of that burden would affect, commerce <br />wi[h toreign nations, among the several States, or with Indian tnbes, shall nol establish <br />any interence or presumption ihat Cong�ess intends Ihal any religious exercise is, or is <br />not, subjecl to any law other than this chapter. <br />(g) Broad construction <br />This chapter shall be construed in favor of a bmad protection of religious exercise, to <br />the maximum e�Rent permitted by the tertns of this chapter and lhe ConstiWtion. <br />(h) No preemption or repeal <br />Nothing in ihis chapter shall be construed to preempt State law, or repeal Federal law, <br />that is equally as protec[ive of religious exercise as, or more protective of religious <br />exercise �han, lhis chapter <br />(i) Severabiliry <br />If any provision of this chapter or of an amentlment made by ihis chaple�, or any <br />application of such provision io any person or circumstance, is held to be <br />unconstitutional, the remainder of this chapter, the amentlments made by this chapter, <br />antl the application of the provision to any other person or circumstance s�all not be <br />aftected. <br />§2000cc-4. Establishment Clause unaffected <br />3 of 4 3/20/10 10:51 AM <br />