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thompsonx -> RE: Indiania can now discriminant against anyone (4/6/2015 12:18:32 PM)
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quote:
ORIGINAL: Kirata
quote:
ORIGINAL: thompsonx
Here is a copy of the federal rfra from the govt printing office. The lli reference to what constitutes exercise of religion is no where to be seen. I don't know where they got it.
They got it from the GPO, of course. You want the direct link? Fine. Put your reading glasses on!
U.S.C. Title 42, Chapter 21B, pages 4439-4440
U.S.C. Title 42, Chapter 21C, pages 4440-4443
K.
From your link
§ 2000cc–5. Definitions
In this chapter:
(1) Claimant
The term ‘‘claimant’’ 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) Government
The term ‘‘government’’—
(A) means—
(i) a State, county, municipality, or
other governmental 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 acting under
color of Federal law.
(5) Land use regulation
The term ‘‘land use regulation’’ means a
zoning or landmarking law, or the application
(4) Government
The term ‘‘government’’—
(A) means—
(i) a State, county, municipality, or
other governmental 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 acting under
color of Federal law.
This section on land use is where we find the part about
(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.)
(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 claimant’s
use or development of land (including a
structure affixed to land), if the claimant 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.
(Pub. L. 106–274, § 8, Sept. 22, 2000, 114 Stat. 806.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 106–274, Sept. 22, 2000, 114
Stat. 803, which is classified principally to this chapter.
For complete classification of this Act to the Code, see
Short Title note set out under section 2000cc of this
title and Tables.
It would appear that
The term ‘‘religious exercise’’ includes any
exercise of religion, whether or not compelled
by, or central to, a system of religious
belief.
Is refering to the use of church land for those activities that may not be compelled as a tennant of belief but rather those things like bingo games or bake sales and so forth.
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