Laws for State; Federal; Tribal; International;

*Native American Church of Turtle Island

Our founding member is an enrolled member of the Sault Ste Marie Tribe of Chippewa Indians which is one of the listed 574 United States Government Federally Recognized Sovereign Tribes, enrollment number #4850

The Native American Church of Turtle Island IS registered as a religious organization Non Profit with federal government IRS Tax Exempt Status and equally as other non profits that aren't spiritual, but have 501c3 Tax Exempt Status. Churches are automatically exempt from the IRS.

Sault Ste Marie Tribe of Chippewa Indians Tribal Code:

23.108 Religious or Ceremonial Use of Natural Resources

http://www.saulttribe.com/images/government/Constitution_amended_2010.pdf

ARTICLE VIII - BILL OF RIGHTS

All members of the Sault Ste. Marie Tribe of Chippewa Indians shall be accorded equal protection of

the law under this constitution. No member shall be denied any of the rights or guarantees enjoyed by

citizens under the Constitution of the United States, including but not limited to freedom of religion

and conscience, freedom of speech, the right to orderly association or assembly, the right to petition for

action or the redress of grievances, and due process of law. The protection guaranteed to persons by Title

II of the Civil Rights Act of 1968 (82 Stat. 77) against actions of an Indian entity in the exercise of its

powers of self-government shall apply to members of the tribe.

https://narf.org/nill/codes/sault_ste_marie/index.html

https://www.justia.com/native-american-law/religious-freedom-for-native-americans/

American Indian Religious Freedom Act

The American Indian Religious Freedom Act, Public Law No. 95–341, 92 Stat. 469, codified at 42 U.S.C. § 1996, is a United States federal law, enacted by joint resolution of the Congress in 1978. Prior to the act, many aspects of Native American religions and sacred ceremonies had been prohibited by law.

1978: American Indian freedom of religion legalized

The American Indian Religious Freedom Act legalizes traditional spirituality and ceremonies, overturning local and state regulations still on the books banning American Indian spiritual practices. American Indians are the only Americans whose religious practice is covered by a law other than the First Amendment of the U.S. Constitution.

“During the 1970s Congress investigated allegations that Indian religious practices were being severely disrupted, often unintentionally, by state and federal laws and by the actions of government officials. The House of Representatives issued a report that substantiated these claims. The report found that Indians were often prevented from visiting their sacred sites, denied the use of religious sacraments, and kept from performing services in their traditional manner.

https://www.congress.gov/bill/103rd-congress/house-bill/1308#:~:text=Religious%20Freedom%20Restoration%20Act%20of%201993%20%2D%20Prohibits%20any%20agency%2C%20department,government%20may%20burden%20a%20person's

Religious Freedom Restoration Act of 1993 - 

Prohibits any agency, department, or official of the United States or any State (the government) from substantially burdening a person's exercise of religion even if the burden results from a rule of general applicability, except that the government may burden a person's exercise of religion only if it demonstrates that application of the burden to the person: (1) furthers a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.

Sets forth provisions pertaining to judicial relief, attorney's fees, and applicability.

https://www.ohchr.org/en/special-procedures/sr-religion-or-belief

Declares that: (1) nothing in this Act shall be construed to interpret the clause of the First Amendment to the Constitution prohibiting the establishment of religion; (2) the granting of government funding, benefits, or exemptions, to the extent permissible under that clause, shall not constitute a violation of this Act; and (3) as used in this Act, "granting" does not include the denial of government funding, benefits, or exemptions.

http://www.doi.gov/iacb/act

Indian Arts and Crafts Act (IACA) of 1990 (P.L. 101-644);

is a truth-in-advertising law that prohibits misrepresentation in the marketing of Indian art and craft products within the United States. It is illegal to offer or display for sale, or sell, any art or craft product in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States. For a first time violation of the IACA, an individual can face civil or criminal penalties up to a $250,000 fine or a 5-year prison term, or both. If a business violates the IACA, it can face civil penalties or can be prosecuted and fined up to $1,000,000.

https://www.justice.gov/olc/opinion/peyote-exemption-native-american-church

Peyote Exemption for Native American Church and other bone-fide religions;

Date of Issuance: December 22, 1981 

Regulation of the Drug Enforcement Administration (DEA) exempting peyote use in connection with the religious ceremonies of the Native American Church (NAC) from the Constitution of the United States First Amendment.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. and sanctions of the Controlled Substances Act of 1970 (CSA), accurately reflects Congress’ intent to exempt the religious use of peyote by the NAC and other bona fide religions in which the use of peyote is central to established religious beliefs, practices, dogmas, or rituals.

https://constitution.congress.gov/constitution/amendment-1/

Constitution of the United States

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Separation of Church and State

https://en.m.wikipedia.org/wiki/Separation_of_church_and_state

The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular state (with or without legally explicit church-state separation) and to disestablishment, the changing of an existing, formal relationship between the church and the state.[1] Although the concept is older, the exact phrase "separation of church and state" is derived from "wall of separation between church and state", a term coined by Thomas Jefferson.

Tribal Relations

The state of Michigan shares a responsibility with Michigan’s federally recognized Indian tribes to provide for and protect the health, safety, and welfare of tribal community members. This responsibility is deeply important and calls for open communication and robust collaboration. To this end, on Oct. 31, 2019, Governor Whitmer signed Executive Directive 2019-17. This Executive Directive builds on the Government to Government Accord of Oct. 28, 2002, entered into with each of Michigan’s tribes, and it requires that each state department and agency adopt a formal tribal consultation policy.

https://www.michigan.gov/som/government/branches-of-government/tribal-government

Accordingly, acting under sections 1 and 8 of article 5 of the Michigan Constitution of 1963, I direct the following:

Each department and agency must recognize, and must ensure its policies and practices effectuate, the following fundamental principles concerning Indian tribes, bands, and communities that the Secretary of the United States Department of Interior has recognized as Indian tribes pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25 USC 479a:

Federally recognized Indian tribes are sovereign governmental entities.

Federally recognized Indian tribes possess inherent authority to exercise jurisdiction over their respective lands and citizens.

Federally recognized Indian tribes possess the right to self-governance and self-determination.

The United States has a unique trust relationship with federally recognized Indian tribes as set forth in the United States Constitution, treaties, statutes, executive orders, court decisions, and the general course of dealings of the United States with the Indian nations.

The State of Michigan has a unique government-to-government relationship with each of Michigan’s federally recognized Indian tribes, and that relationship is shaped by accords, compacts, statutes, court opinions, and a multitude of intergovernmental interactions.

Each department and agency must adopt and implement a process for consulting on a government-to-government basis with Michigan’s federally recognized Indian tribes. The department or agency must engage in this consultation process before taking an action or implementing a decision that may affect one or more of these tribes. This consultation process must adhere to the framework and requirements set forth below, which are designed to ensure that the process is consistent and predictable across departments and agencies but also flexible enough to meet the particular needs and circumstances of each consultation. Meaningful communication and collaboration on matters of shared concern must always be the core and driving objective of this consultation process.

Step One – Identification: The first step in the consultation process is the identification by the department or agency of an activity (i.e., an action or decision) that may be appropriate for consultation. Identification includes a determination of the complexity of the activity, the identity of the tribe(s) potentially affected by the activity, the activity’s potential implications for tribes, and any time or resource constraints relevant to the application of the consultation process to the activity. Departments and agencies must use the following mechanisms to identify activities appropriate for consultation:

State-Initiated Identification: When undertaking an activity, state departments and agencies must evaluate whether the action or decision may affect tribal interests such that consultation would be appropriate.

Tribal-Government-Initiated Identification: A tribal government may initiate the consultation process by identifying for a department or agency an activity that may be appropriate for consultation. The department or agency must then evaluate whether the activity is appropriate for consultation, and it must afford substantial weight to the tribal government’s request in performing that evaluation.

Other Resources: Departments and agencies must also utilize other relevant resources, such as tribal partnership groups in which the tribes may be participants, to assist them in identifying activities that may be appropriate for consultation.

Activities that may be appropriate for consultation include, but are not limited to, actions or decisions regarding: rules or regulations; policies, guidance documents, or directives; permits; civil enforcement and compliance monitoring; emergency preparedness and response; federal authorizations or delegations; and efforts to carry out state obligations under a state compact or agreement.

https://www.michigan.gov/som/government/branches-of-government/tribal-government/agency-tribal-consultation-policies

LARA^^^^

https://uscode.house.gov/view.xhtml?path=/prelim@title25/chapter15&edition=prelim

The report of the IBAHRI Task Force is novel in that it begins to connect the dots between tax abuses, poverty and the role of legal advisors from a human rights perspective. The UN Guiding Principles provide an important touchstone for making this “human rights case”—particularly with respect to the issue of corporate tax abuses. This is an immensely complex subject, but hopefully the Task Force’s report will stimulate discussion within the legal and corporate community, as well as among other interested stakeholders, and encourage the development of better tax laws, policies and business practices that are in line with states’ existing human rights obligations and companies’ responsibility to respect human rights.

The author was a Rapporteur for the IBAHRI Task Force.

UN TASK FORCE^^^^

211.78p Conveyance of property to Indian tribe; liability for delinquent taxes.

Sec. 78p. (1) Any provision of this act to the contrary notwithstanding, if property for which taxes have been returned as delinquent under section 78a and on which delinquent taxes are due is sold, transferred, or otherwise conveyed to an Indian tribe recognized by the United States, an enrolled member of an Indian tribe recognized by the United States, a tribal corporation that is either incorporated under the tribe's own laws or under federal law, or an unincorporated tribal entity that is owned exclusively by the tribe, its members, or any combination of the tribe and its members and, as a result of that sale, transfer, or conveyance, the property is exempt under federal law from forfeiture, foreclosure, and sale under this act for those delinquent taxes, the taxes that were returned as delinquent and that were due on that property at the time of that sale, transfer, or conveyance are a personal liability of the transferor to whom the delinquent taxes were originally billed.

(2) If taxes returned as delinquent are determined to be a personal liability of the transferor under subsection (1), the transferor is subject to the collection of those delinquent taxes as provided in section 47.

History: Add. 2012, Act 234, Imd Eff. June 29, 2012.

Compiler's note: Former MCL 211.78p, which pertained to adjustment of fees to parcels of land for which taxes are unpaid, was

repealed by Act 263 of 2003, Imd. Eff. Jan. 5, 2004. Popular name: Act 206

Michigan TAX LAW FOR FEDERALLY RECOGNIZED SOVEREIGN TRIBES OR MEMBER ORGANIZATION OWNERS

The Immigration Reform and Control Act of 1986 (IRCA) prohibits discrimination on the basis of national origin by smaller employers (with 4 to 14 employees). Employers with 4 or more employees (and recruiters and referrers for a fee) are also prohibited from discriminating on the basis of citizenship status; discriminating in the employment eligibility verification process; and retaliating under IRCA.

ICRA^^^^^^

National Origin Discrimination

National origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not).

National origin discrimination also can involve treating people unfavorably because they are married to (or associated with) a person of a certain national origin.

Discrimination can occur when the victim and the person who inflicted the discrimination are the same national origin.

National Origin Discrimination & Work Situations

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

National Origin & Harassment

It is unlawful to harass a person because of his or her national origin. Harassment can include, for example, offensive or derogatory remarks about a person's national origin, accent or ethnicity. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

National Origin & Employment Policies/Practices

The law makes it illegal for an employer or other covered entity to use an employment policy or practice that applies to everyone, regardless of national origin, if it has a negative impact on people of a certain national origin and is not job-related or necessary to the operation of the business.

An employer can only require an employee to speak fluent English if fluency in English is necessary to perform the job effectively. An "English-only rule", which requires employees to speak only English on the job, is only allowed if it is needed to ensure the safe or efficient operation of the employer's business and is put in place for nondiscriminatory reasons.

An employer may not base an employment decision on an employee's foreign accent, unless the accent seriously interferes with the employee's job performance.

Citizenship Discrimination & Workplace Laws

The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract. Employers may not refuse to accept lawful documentation that establishes the employment eligibility of an employee, or demand additional documentation beyond what is legally required, when verifying employment eligibility (i.e., completing the Department of Homeland Security (DHS) Form I-9), based on the employee's national origin or citizenship status. It is the employee's choice which of the acceptable Form I-9 documents to show to verify employment eligibility.

IRCA also prohibits retaliation against individuals for asserting their rights under the Act, or for filing a charge or assisting in an investigation or proceeding under IRCA.

https://www.eeoc.gov/national-origin-discrimination

NATIONAL ORIGIN DISCRIMINATION AND ICRA^^^^^

The constitution of the Sault Ste Marie Tribe of Chippewa Indians members freedom of religion

ARTICLE VIII - BILL OF RIGHTS All members of the Sault Ste. Marie Tribe of Chippewa Indians shall be accorded equal protection of the law under this constitution. No member shall be denied any of the rights or guarantees enjoyed by citizens under the Constitution of the United States, including but not limited to freedom of religion and conscience, freedom of speech, the right to orderly association or assembly, the right to petition for action or the redress or grievances, and due process of law. The protection guaranteed to persons by Title II of the Civil Rights Act of 1968 (82 Stat. 77) against actions of an Indian entity in the exercise of its powers of self-government shall apply to members of the tribe.

https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:5be52b74-2d51-424f-b4b7-67eda924f241

Sault tribe constitution bylaws^^^^^

https://www.irs.gov/charities-non-profits/churches-integrated-auxiliaries-and-conventions-or-associations-of-churches

CHURCHES ARE NOT REQUIRED TO FILE IRS TAX RETURNS^^^^^

§2000cc. Protection of land use as religious exercise

(a) Substantial burdens

(1) General rule

No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden on that person, assembly, or institution-

(A) is in furtherance of a compelling governmental interest; and

(B) is the least restrictive means of furthering that compelling governmental interest.

(2) Scope of application

This subsection applies in any case in which-

(A) the substantial burden is imposed in a program or activity that receives Federal financial assistance, even if the burden results from a rule of general applicability;

(B) the substantial burden affects, or removal of that substantial burden would affect, commerce with foreign nations, among the several States, or with Indian tribes, even if the burden results from a rule of general applicability; or

(C) the substantial burden is imposed in the implementation of a land use regulation or system of land use regulations, under which a government makes, or has in place formal or informal procedures or practices that permit the government to make, individualized assessments of the proposed uses for the property involved.

(b) Discrimination and exclusion

(1) Equal terms

No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution.

(2) Nondiscrimination

No government shall impose or implement a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination.

(3) Exclusions and limits

No government shall impose or implement a land use regulation that-

(A) totally excludes religious assemblies from a jurisdiction; or

(B) unreasonably limits religious assemblies, institutions, or structures within a jurisdiction.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 106–274, §1, Sept. 22, 2000, 114 Stat. 803 , provided that: "This Act [enacting this chapter and amending sections 1988, 2000bb–2 and 2000bb–3 of this title] may be cited as the 'Religious Land Use and Institutionalized Persons Act of 2000' ".

https://uscode.house.gov/view.xhtml?req=(title:42%20section:2000cc%20edition:prelim)

Religious land use and Institutionalized persons act of 2000^^^^^^^

22 USC Ch. 73: INTERNATIONAL RELIGIOUS FREEDOM

From Title 22—FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73—INTERNATIONAL RELIGIOUS FREEDOM

Sec.

6401.Findings; policy.

6402.Definitions.

SUBCHAPTER I—DEPARTMENT OF STATE ACTIVITIES

6411.Office on International Religious Freedom; Ambassador at Large for International Religious Freedom.

6412.Reports.

6413.Establishment of religious freedom Internet site.

6414.High-level contacts with nongovernmental organizations.

6415.Programs and allocations of funds by United States missions abroad.

6416.Equal access to United States missions abroad for conducting religious activities.

6417.Prisoner lists and issue briefs on religious freedom concerns.

SUBCHAPTER II—COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

6431.Establishment and composition.

6432.Duties of Commission.

6432a.Powers of the Commission.

6432b.Commission personnel matters.

6433.Report of Commission.

6433a.Strategic plan.

6434.Applicability of other laws.

6435.Authorization of appropriations.

6435a.Standards of conduct and disclosure.

6436.Termination.

SUBCHAPTER III—PRESIDENTIAL ACTIONS

Part A—Targeted Responses to Violations of Religious Freedom Abroad

6441.Presidential actions in response to violations of religious freedom.

6442.Presidential actions in response to particularly severe violations of religious freedom.

6442a.Non-state actor designations.

6443.Consultations.

6444.Report to Congress.

6445.Description of Presidential actions.

6446.Effects on existing contracts.

6447.Presidential waiver.

6448.Publication in Federal Register.

6449.Termination of Presidential actions.

6450.Preclusion of judicial review.

Part B—Strengthening Existing Law

6461.Exports of certain items used in particularly severe violations of religious freedom.

SUBCHAPTER IV—REFUGEE, ASYLUM, AND CONSULAR MATTERS

6471.Use of Annual Report.

6472.Reform of refugee policy.

6473.Reform of asylum policy.

6473a.Designated persons list for particularly severe violations of religious freedom.

6474.Studies on effect of expedited removal provisions on asylum claims.

SUBCHAPTER V—MISCELLANEOUS PROVISIONS

6481.Business codes of conduct.

6482.Voluntary codes of conduct for United States institutions of higher education outside the United States.

6483.Sense of Congress regarding national security strategy to promote religious freedom through United States foreign policy.

§6401. Findings; policy

(a) Findings

Congress makes the following findings:

(1) The right to freedom of religion undergirds the very origin and existence of the United States. Many of our Nation's founders fled religious persecution abroad, cherishing in their hearts and minds the ideal of religious freedom. They established in law, as a fundamental right and as a pillar of our Nation, the right to freedom of religion. From its birth to this day, the United States has prized this legacy of religious freedom and honored this heritage by standing for religious freedom and offering refuge to those suffering religious persecution.

(2) Freedom of religious belief and practice is a universal human right and fundamental freedom articulated in numerous international instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Helsinki Accords, the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief, the United Nations Charter, and the European Convention for the Protection of Human Rights and Fundamental Freedoms.

(3) Article 18 of the Universal Declaration of Human Rights recognizes that "Everyone has the right to freedom of thought, conscience, and religion. This right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship, and observance.". Article 18(1) of the International Covenant on Civil and Political Rights recognizes that "Everyone shall have the right to freedom of thought, conscience, and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice, and teaching". The freedom of thought, conscience, and religion is understood to protect theistic and non-theistic beliefs and the right not to profess or practice any religion. Governments have the responsibility to protect the fundamental rights of their citizens and to pursue justice for all. Religious freedom is a fundamental right of every individual, regardless of race, sex, country, creed, or nationality, and should never be arbitrarily abridged by any government.

(4) The right to freedom of religion is under renewed and, in some cases, increasing assault in many countries around the world. More than one-half of the world's population lives under regimes that severely restrict or prohibit the freedom of their citizens to study, believe, observe, and freely practice the religious faith of their choice. Religious believers and communities suffer both government-sponsored and government-tolerated violations of their rights to religious freedom. Among the many forms of such violations are state-sponsored slander campaigns, confiscations of property, desecration of cemeteries, surveillance by security police, including by special divisions of "religious police", severe prohibitions against construction and repair of places of worship, denial of the right to assemble and relegation of religious communities to illegal status through arbitrary registration laws, prohibitions against the pursuit of education or public office, and prohibitions against publishing, distributing, or possessing religious literature and materials. A policy or practice of routinely denying applications for visas for religious workers in a country can be indicative of a poor state of religious freedom in that country.

(5) Even more abhorrent, religious believers in many countries face such severe and violent forms of religious persecution as detention, torture, beatings, forced marriage, rape, imprisonment, enslavement, mass resettlement, and death merely for the peaceful belief in, change of or practice of their faith. In many countries, religious believers are forced to meet secretly, and religious leaders are targeted by national security forces and hostile mobs.

(6) Though not confined to a particular region or regime, religious persecution and the specific targeting of non-theists, humanists, and atheists because of their beliefs is often particularly widespread, systematic, and heinous under totalitarian governments and in countries with militant, politicized religious majorities and in regions where non-state actors exercise significant political power and territorial control.

(7) Congress has recognized and denounced acts of religious persecution through the adoption of the following resolutions:

(A) House Resolution 515 of the One Hundred Fourth Congress, expressing the sense of the House of Representatives with respect to the persecution of Christians worldwide.

(B) Senate Concurrent Resolution 71 of the One Hundred Fourth Congress, expressing the sense of the Senate regarding persecution of Christians worldwide.

(C) House Concurrent Resolution 102 of the One Hundred Fourth Congress, expressing the sense of the House of Representatives concerning the emancipation of the Iranian Baha'i community.

(b) Policy

(1) In general

The following shall be the policy of the United States:

(A) To condemn violations of religious freedom, and to promote, and to assist other governments in the promotion of, the fundamental right to freedom of religion.

(B) To seek to channel United States security and development assistance to governments other than those found to be engaged in gross violations of the right to freedom of religion, as set forth in the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], in the International Financial Institutions Act of 1977, and in other formulations of United States human rights policy.

(C) To be vigorous and flexible, reflecting both the unwavering commitment of the United States to religious freedom and the desire of the United States for the most effective and principled response, in light of the range of violations of religious freedom by a variety of persecuting regimes, and the status of the relations of the United States with different nations.

(D) To work with foreign governments that affirm and protect religious freedom, in order to develop multilateral documents and initiatives to combat violations of religious freedom and promote the right to religious freedom abroad.

(E) Standing for liberty and standing with the persecuted, to use and implement appropriate tools in the United States foreign policy apparatus, including diplomatic, political, commercial, charitable, educational, and cultural channels, to promote respect for religious freedom by all governments and peoples.

(2) Evolving policies and coordinated diplomatic responses

Because the promotion of international religious freedom protects human rights, advances democracy abroad, and advances United States interests in stability, security, and development globally, the promotion of international religious freedom requires new and evolving policies and diplomatic responses that—

(A) are drawn from the expertise of the national security agencies, the diplomatic services, and other governmental agencies and nongovernmental organizations; and

(B) are coordinated across and carried out by the entire range of Federal agencies.

Executive Documents

Ex. Ord. No. 13926. Advancing International Religious Freedom

Ex. Ord. No. 13926, June 2, 2020, 85 F.R. 34951, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Policy. (a) Religious freedom, America's first freedom, is a moral and national security imperative. Religious freedom for all people worldwide is a foreign policy priority of the United States, and the United States will respect and vigorously promote this freedom. As stated in the 2017 National Security Strategy, our Founders understood religious freedom not as a creation of the state, but as a gift of God to every person and a right that is fundamental for the flourishing of our society.

(b) Religious communities and organizations, and other institutions of civil society, are vital partners in United States Government efforts to advance religious freedom around the world. It is the policy of the United States to engage robustly and continually with civil society organizations—including those in foreign countries—to inform United States Government policies, programs, and activities related to international religious freedom.

Sec. 2. Prioritization of International Religious Freedom. Within 180 days of the date of this order [June 2, 2020], the Secretary of State (Secretary) shall, in consultation with the Administrator of the United States Agency for International Development (USAID), develop a plan to prioritize international religious freedom in the planning and implementation of United States foreign policy and in the foreign assistance programs of the Department of State and USAID.

Sec. 3. Foreign Assistance Funding for International Religious Freedom. (a) The Secretary shall, in consultation with the Administrator of USAID, budget at least $50 million per fiscal year for programs that advance international religious freedom, to the extent feasible and permitted by law and subject to the availability of appropriations. Such programs shall include those intended to anticipate, prevent, and respond to attacks against individuals and groups on the basis of their religion, including programs designed to help ensure that such groups can persevere as distinct communities; to promote accountability for the perpetrators of such attacks; to ensure equal rights and legal protections for individuals and groups regardless of belief; to improve the safety and security of houses of worship and public spaces for all faiths; and to protect and preserve the cultural heritages of religious communities.

(b) Executive departments and agencies (agencies) that fund foreign assistance programs shall ensure that faith-based and religious entities, including eligible entities in foreign countries, are not discriminated against on the basis of religious identity or religious belief when competing for Federal funding, to the extent permitted by law.

Sec. 4. Integrating International Religious Freedom into United States Diplomacy. (a) The Secretary shall direct Chiefs of Mission in countries of particular concern, countries on the Special Watch List, countries in which there are entities of particular concern, and any other countries that have engaged in or tolerated violations of religious freedom as noted in the Annual Report on International Religious Freedom required by section 102(b) of the International Religious Freedom Act of 1998 (Public Law 105–292) [22 U.S.C. 6412(b)], as amended (the "Act"), to develop comprehensive action plans to inform and support the efforts of the United States to advance international religious freedom and to encourage the host governments to make progress in eliminating violations of religious freedom.

(b) In meetings with their counterparts in foreign governments, the heads of agencies shall, when appropriate and in coordination with the Secretary, raise concerns about international religious freedom and cases that involve individuals imprisoned because of their religion.

(c) The Secretary shall advocate for United States international religious freedom policy in both bilateral and multilateral fora, when appropriate, and shall direct the Administrator of USAID to do the same.

Sec. 5. Training for Federal Officials. (a) The Secretary shall require all Department of State civil service employees in the Foreign Affairs Series to undertake training modeled on the international religious freedom training described in section 708(a) of the Foreign Service Act of 1980 (Public Law 96–465) [22 U.S.C. 4028(a)], as amended by section 103(a)(1) of the Frank R. Wolf International Religious Freedom Act (Public Law 114–281).

(b) Within 90 days of the date of this order, the heads of all agencies that assign personnel to positions overseas shall submit plans to the President, through the Assistant to the President for National Security Affairs, detailing how their agencies will incorporate the type of training described in subsection (a) of this section into the training required before the start of overseas assignments for all personnel who are to be stationed abroad, or who will deploy and remain abroad, in one location for 30 days or more.

(c) All Federal employees subject to these requirements shall be required to complete international religious freedom training not less frequently than once every 3 years.

Sec. 6. Economic Tools. (a) The Secretary and the Secretary of the Treasury shall, in consultation with the Assistant to the President for National Security Affairs, and through the process described in National Security Presidential Memorandum–4 of April 4, 2017 (Organization of the National Security Council, the Homeland Security Council, and Subcommittees) [50 U.S.C. 3021 note], develop recommendations to prioritize the appropriate use of economic tools to advance international religious freedom in countries of particular concern, countries on the Special Watch List, countries in which there are entities of particular concern, and any other countries that have engaged in or tolerated violations of religious freedom as noted in the report required by section 102(b) of the Act. These economic tools may include, as appropriate and to the extent permitted by law, increasing religious freedom programming, realigning foreign assistance to better reflect country circumstances, or restricting the issuance of visas under section 604(a) of the Act [probably means 8 U.S.C. 1182(a)(2)(G), as added by section 604(a) of Pub. L. 105–292].

(b) The Secretary of the Treasury, in consultation with the Secretary of State, may consider imposing sanctions under Executive Order 13818 of December 20, 2017 (Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption) [50 U.S.C. 1701 note], which, among other things, implements the Global Magnitsky Human Rights Accountability Act (Public Law 114–328[, div. A, title XII, subtitle F]) [22 U.S.C. 10101 et seq.].

Sec. 7. Definitions. For purposes of this order:

(a) "Country of particular concern" is defined as provided in section 402(b)(1)(A) of the Act [22 U.S.C. 6442(b)(1)(A)];

(b) "Entity of particular concern" is defined as provided in section 301 of the Frank R. Wolf International Religious Freedom Act (Public Law 114–281) [22 U.S.C. 6442a];

(c) "Special Watch List" is defined as provided in sections 3(15) [22 U.S.C. 6402(15)] and 402(b)(1)(A)(iii) of the Act [22 U.S.C. 6442(b)(1)(A)(iii)]; and

(d) "Violations of religious freedom" is defined as provided in section 3(16) of the Act [22 U.S.C. 6402(16)].

Sec. 8. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Donald J. Trump.

§6402. Definitions

In this chapter:

(1) Ambassador at Large

The term "Ambassador at Large" means the Ambassador at Large for International Religious Freedom appointed under section 6411(b) of this title.

(2) Annual Report

The term "Annual Report" means the Annual Report on International Religious Freedom described in section 6412(b) of this title.

(3) Appropriate congressional committees

The term "appropriate congressional committees" means—

(A) the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives; and

(B) in the case of any determination made with respect to the taking of President 1 action under paragraphs (9) through (15) of section 6445(a) of this title, the term includes the committees described in subparagraph (A) and, where appropriate, the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.

(4) Commensurate action

The term "commensurate action" means action taken by the President under section 6445(b) of this title.

(5) Commission

The term "Commission" means the United States Commission on International Religious Freedom established in section 6431(a) of this title.

(6) Country Reports on Human Rights Practices

The term "Country Reports on Human Rights Practices" means the annual reports required to be submitted by the Department of State to Congress under sections 2151n(d) and 2304(b) of this title.

(7) Executive Summary

The term "Executive Summary" means the Executive Summary to the Annual Report, as described in section 6412(b)(1)(F) of this title.

(8) Government or foreign government

The term "government" or "foreign government" includes any agency or instrumentality of the government.

(9) Human Rights Reports

The term "Human Rights Reports" means all reports submitted by the Department of State to Congress under sections 2151n and 2304 of this title.

(10) Institution of higher education

The term "institution of higher education" has the meaning given that term in section 1001 of title 20.

(11) Non-state actor

The term "non-state actor" means a nonsovereign entity that—

(A) exercises significant political power and territorial control;

(B) is outside the control of a sovereign government; and

(C) often employs violence in pursuit of its objectives.

(12) Office

The term "Office" means the Office on International Religious Freedom established in section 6411(a) of this title.

(13) Particularly severe violations of religious freedom

The term "particularly severe violations of religious freedom" means systematic, ongoing, egregious violations of religious freedom, including violations such as—

(A) torture or cruel, inhuman, or degrading treatment or punishment;

(B) prolonged detention without charges;

(C) causing the disappearance of persons by the abduction or clandestine detention of those persons; or

(D) other flagrant denial of the right to life, liberty, or the security of persons.

(14) Special Adviser

The term "Special Adviser" means the Special Adviser to the President on International Religious Freedom described in section 3021(i) of title 50.2

(15) Special Watch List

The term "Special Watch List" means the Special Watch List described in section 6442(b)(1)(A)(iii) of this title.

(16) Violations of religious freedom

The term "violations of religious freedom" means violations of the internationally recognized right to freedom of religion and religious belief and practice, as set forth in the international instruments referred to in section 6401(a)(2) of this title and as described in section 6401(a)(3) of this title, including violations such as—

(A) arbitrary prohibitions on, restrictions of, or punishment for—

(i) assembling for peaceful religious activities such as worship, preaching, and prayer, including arbitrary registration requirements;

(ii) speaking freely about one's religious beliefs;

(iii) changing one's religious beliefs and affiliation;

(iv) not professing a particular religion, or any religion;

(v) possession and distribution of religious literature, including Bibles; or

(vi) raising one's children in the religious teachings and practices of one's choice; or

(B) any of the following acts if committed on account of an individual's conscience, non-theistic views, or religious belief or practice: detention, interrogation, imposition of an onerous financial penalty, forced labor, forced mass resettlement, imprisonment, forced religious conversion, forcibly compelling non-believers or non-theists to recant their beliefs or to convert, beating, torture, mutilation, rape, enslavement, murder, and execution.

(Pub. L. 105–292, §3, Oct. 27, 1998, 112 Stat. 2790; Pub. L. 114–281, §3, Dec. 16, 2016, 130 Stat. 1427.)

ELLIOTT-LARSEN CIVIL RIGHTS ACT
Act 453 of 1976
AN ACT to define civil rights; to prohibit discriminatory practices, policies, and customs in the exercise of those rights based upon religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, familial status, or marital status; to preserve the confidentiality of records regarding arrest, detention, or other disposition in which a conviction does not result; to prescribe the powers and duties of the civil rights commission and the department of civil rights; to provide remedies and penalties; to provide for fees; and to repeal certain acts and parts of acts.

History: 1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 1977, Act 162, Imd. Eff. Nov. 8, 1977 ;-- Am. 1979, Act 91, Imd. Eff. Aug. 1, 1979 ;-- Am. 1982, Act 45, Eff. Mar. 30, 1983 ;-- Am. 1992, Act 124, Imd. Eff. June 29, 1992 ;-- Am. 1992, Act 258, Imd. Eff. Dec. 7, 1992 ;-- Am. 2023, Act 6, Eff. Feb. 13, 2024

22 USC Ch. 73: INTERNATIONAL RELIGIOUS FREEDOM

From Title 22—FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 73—INTERNATIONAL RELIGIOUS FREEDOM

Sec.

6401.Findings; policy.

6402.Definitions.

SUBCHAPTER I—DEPARTMENT OF STATE ACTIVITIES

6411.Office on International Religious Freedom; Ambassador at Large for International Religious Freedom.

6412.Reports.

6413.Establishment of religious freedom Internet site.

6414.High-level contacts with nongovernmental organizations.

6415.Programs and allocations of funds by United States missions abroad.

6416.Equal access to United States missions abroad for conducting religious activities.

6417.Prisoner lists and issue briefs on religious freedom concerns.

SUBCHAPTER II—COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

6431.Establishment and composition.

6432.Duties of Commission.

6432a.Powers of the Commission.

6432b.Commission personnel matters.

6433.Report of Commission.

6433a.Strategic plan.

6434.Applicability of other laws.

6435.Authorization of appropriations.

6435a.Standards of conduct and disclosure.

6436.Termination.

SUBCHAPTER III—PRESIDENTIAL ACTIONS

Part A—Targeted Responses to Violations of Religious Freedom Abroad

6441.Presidential actions in response to violations of religious freedom.

6442.Presidential actions in response to particularly severe violations of religious freedom.

6442a.Non-state actor designations.

6443.Consultations.

6444.Report to Congress.

6445.Description of Presidential actions.

6446.Effects on existing contracts.

6447.Presidential waiver.

6448.Publication in Federal Register.

6449.Termination of Presidential actions.

6450.Preclusion of judicial review.

Part B—Strengthening Existing Law

6461.Exports of certain items used in particularly severe violations of religious freedom.

SUBCHAPTER IV—REFUGEE, ASYLUM, AND CONSULAR MATTERS

6471.Use of Annual Report.

6472.Reform of refugee policy.

6473.Reform of asylum policy.

6473a.Designated persons list for particularly severe violations of religious freedom.

6474.Studies on effect of expedited removal provisions on asylum claims.

SUBCHAPTER V—MISCELLANEOUS PROVISIONS

6481.Business codes of conduct.

6482.Voluntary codes of conduct for United States institutions of higher education outside the United States.

6483.Sense of Congress regarding national security strategy to promote religious freedom through United States foreign policy.

§6401. Findings; policy

(a) Findings

Congress makes the following findings:

(1) The right to freedom of religion undergirds the very origin and existence of the United States. Many of our Nation's founders fled religious persecution abroad, cherishing in their hearts and minds the ideal of religious freedom. They established in law, as a fundamental right and as a pillar of our Nation, the right to freedom of religion. From its birth to this day, the United States has prized this legacy of religious freedom and honored this heritage by standing for religious freedom and offering refuge to those suffering religious persecution.

(2) Freedom of religious belief and practice is a universal human right and fundamental freedom articulated in numerous international instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Helsinki Accords, the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief, the United Nations Charter, and the European Convention for the Protection of Human Rights and Fundamental Freedoms.

(3) Article 18 of the Universal Declaration of Human Rights recognizes that "Everyone has the right to freedom of thought, conscience, and religion. This right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship, and observance.". Article 18(1) of the International Covenant on Civil and Political Rights recognizes that "Everyone shall have the right to freedom of thought, conscience, and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice, and teaching". The freedom of thought, conscience, and religion is understood to protect theistic and non-theistic beliefs and the right not to profess or practice any religion. Governments have the responsibility to protect the fundamental rights of their citizens and to pursue justice for all. Religious freedom is a fundamental right of every individual, regardless of race, sex, country, creed, or nationality, and should never be arbitrarily abridged by any government.

(4) The right to freedom of religion is under renewed and, in some cases, increasing assault in many countries around the world. More than one-half of the world's population lives under regimes that severely restrict or prohibit the freedom of their citizens to study, believe, observe, and freely practice the religious faith of their choice. Religious believers and communities suffer both government-sponsored and government-tolerated violations of their rights to religious freedom. Among the many forms of such violations are state-sponsored slander campaigns, confiscations of property, desecration of cemeteries, surveillance by security police, including by special divisions of "religious police", severe prohibitions against construction and repair of places of worship, denial of the right to assemble and relegation of religious communities to illegal status through arbitrary registration laws, prohibitions against the pursuit of education or public office, and prohibitions against publishing, distributing, or possessing religious literature and materials. A policy or practice of routinely denying applications for visas for religious workers in a country can be indicative of a poor state of religious freedom in that country.

(5) Even more abhorrent, religious believers in many countries face such severe and violent forms of religious persecution as detention, torture, beatings, forced marriage, rape, imprisonment, enslavement, mass resettlement, and death merely for the peaceful belief in, change of or practice of their faith. In many countries, religious believers are forced to meet secretly, and religious leaders are targeted by national security forces and hostile mobs.

(6) Though not confined to a particular region or regime, religious persecution and the specific targeting of non-theists, humanists, and atheists because of their beliefs is often particularly widespread, systematic, and heinous under totalitarian governments and in countries with militant, politicized religious majorities and in regions where non-state actors exercise significant political power and territorial control.

(7) Congress has recognized and denounced acts of religious persecution through the adoption of the following resolutions:

(A) House Resolution 515 of the One Hundred Fourth Congress, expressing the sense of the House of Representatives with respect to the persecution of Christians worldwide.

(B) Senate Concurrent Resolution 71 of the One Hundred Fourth Congress, expressing the sense of the Senate regarding persecution of Christians worldwide.

(C) House Concurrent Resolution 102 of the One Hundred Fourth Congress, expressing the sense of the House of Representatives concerning the emancipation of the Iranian Baha'i community.

(b) Policy

(1) In general

The following shall be the policy of the United States:

(A) To condemn violations of religious freedom, and to promote, and to assist other governments in the promotion of, the fundamental right to freedom of religion.

(B) To seek to channel United States security and development assistance to governments other than those found to be engaged in gross violations of the right to freedom of religion, as set forth in the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], in the International Financial Institutions Act of 1977, and in other formulations of United States human rights policy.

(C) To be vigorous and flexible, reflecting both the unwavering commitment of the United States to religious freedom and the desire of the United States for the most effective and principled response, in light of the range of violations of religious freedom by a variety of persecuting regimes, and the status of the relations of the United States with different nations.

(D) To work with foreign governments that affirm and protect religious freedom, in order to develop multilateral documents and initiatives to combat violations of religious freedom and promote the right to religious freedom abroad.

(E) Standing for liberty and standing with the persecuted, to use and implement appropriate tools in the United States foreign policy apparatus, including diplomatic, political, commercial, charitable, educational, and cultural channels, to promote respect for religious freedom by all governments and peoples.

(2) Evolving policies and coordinated diplomatic responses

Because the promotion of international religious freedom protects human rights, advances democracy abroad, and advances United States interests in stability, security, and development globally, the promotion of international religious freedom requires new and evolving policies and diplomatic responses that—

(A) are drawn from the expertise of the national security agencies, the diplomatic services, and other governmental agencies and nongovernmental organizations; and

(B) are coordinated across and carried out by the entire range of Federal agencies.

Pub. L. 118–90, §1, Sept. 30, 2024, 138 Stat. 1559, provided that: "This Act [amending sections 6435 and 6436 of this title] may be cited as the 'United States Commission on International Religious Freedom Reauthorization Act of 2024'."

Short Title of 2022 Amendment

Pub. L. 117–181, §1, Sept. 30, 2022, 136 Stat. 2177, provided that: "This Act [amending sections 6435 and 6436 of this title] may be cited as the 'United States Commission on International Religious Freedom Reauthorization Act of 2022'."

Short Title of 2019 Amendment

Pub. L. 116–94, div. J, title VIII, §801, Dec. 20, 2019, 133 Stat. 3076, provided that: "This title [amending sections 6431 to 6432b, 6433a, and 6435 to 6436 of this title and section 1301 of Title 2, The Congress] may be cited as the 'United States Commission on International Religious Freedom Reauthorization Act of 2019'."

Pub. L. 115–434, §1, Jan. 14, 2019, 132 Stat. 5526, provided that: "This Act [amending section 6412 of this title and enacting provisions set out as a note under section 6412 of this title] may be cited as the 'Combating European Anti-Semitism Act of 2017'."

Short Title of 2016 Amendment

Pub. L. 114–281, §1(a), Dec. 16, 2016, 130 Stat. 1426, provided that: "This Act [enacting sections 6442a, 6473a, 6482, and 6483 of this title and amending this section and sections 4028, 6402, 6411, 6412, 6417, 6442, 6444, 6447, 6448, and 6474 of this title] may be cited as the 'Frank R. Wolf International Religious Freedom Act'."

Short Title of 2015 Amendment

Pub. L. 114–71, §1, Oct. 16, 2015, 129 Stat. 563, provided that: "This Act [enacting section 6433a of this title, amending sections 6435 and 6436 of this title, and enacting provisions set out as a note under section 6432 of this section] may be cited as the 'United States Commission on International Religious Freedom Reauthorization Act of 2015'."

Short Title of 2011 Amendment

Pub. L. 112–75, §1, Dec. 23, 2011, 125 Stat. 1272, provided that: "This Act [amending sections 6431, 6432b, 6435, 6435a, and 6436 of this title and enacting provisions set out as a note under section 6432b of this title] may be cited as the 'United States Commission on International Religious Freedom Reform and Reauthorization Act of 2011'."

Short Title

Pub. L. 105–292, §1(a), Oct. 27, 1998, 112 Stat. 2787, provided that: "This Act [enacting this chapter and section 4028 of this title, amending sections 262d, 2151n, 2304, 2452, 3965, 4013, 4028, and 6202 of this title, sections 1157 and 1182 of Title 8, Aliens and Nationality, and section 402 of Title 50, War and National Defense, and enacting provisions set out as notes under section 2151n of this title and section 1182 of Title 8] may be cited as the 'International Religious Freedom Act of 1998'."