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Civil Rights �ivision Home Page � http://ww�v justice.gov/crtlhousing/housing iRUipa2.nhp .� .. Nothing in this chapter 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 govemment funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this chapter. in this section, the term "granting", used with respect to govemment funding, benefits, or exemptions, dces not include the denial of government funding, benefits, or exemptions. §2000cc-5. Definitions In this chapter. (1) Claimant The term "claimanY' means a person raising a claim or defense under this chapter. (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) Govemment The term "govemmenY'— (A) means— (i) a State, county, municipality, or other govemmental 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 (B) for the purposes of sections 2000cc-2 (b) and 2000cc-3 of this title, includes the United States, a branch, department, agency, instrumentality, or official of the United States, and any other person ading under color of Federal law. (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 claimanYs use or development of land (including a structure affixed to land), if the daimant 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 2000d-4a of this title. (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. Updafed Ju/y 25, 2008 4 of 4 3/20/10 10:51 AM