Senate File 2052 - Introduced SENATE FILE 2052 BY McKINLEY A BILL FOR An Act providing for exemptions related to the solemnization 1 or validity of a marriage based on sincerely held religious 2 beliefs. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5066XS (4) 83 pf/rj
S.F. 2052 Section 1. NEW SECTION . 595.21 Exemptions related to 1 solemnization or recognition of the validity of a marriage. 2 1. An individual, religious or denominational organization, 3 or a charitable or educational organization operated, 4 supervised, or controlled by or connected with a religious or 5 denominational organization, shall not be liable, penalized, or 6 denied benefits under the laws of this state or any political 7 subdivision of this state, including but not limited to 8 laws regarding employment discrimination, housing, public 9 accommodations, licensing, government contracts or grants, or 10 tax-exempt status, for refusing to solemnize any marriage, 11 for refusing to provide services, accommodations, advantages, 12 facilities, goods, or privileges related to the solemnization 13 of any marriage, or for refusing to treat as valid any 14 marriage, if such providing, solemnizing, or treating as valid 15 would cause such individual or organization to violate the 16 sincerely held religious beliefs of the individual or to which 17 the organization subscribes. 18 2. The exemptions provided pursuant to subsection 1 shall 19 not apply if either of the following conditions exists: 20 a. A government employee shall not refuse to assist in the 21 solemnization of any marriage under this section if another 22 government employee is not available and willing to so assist. 23 b. A refusal to provide services, accommodations, 24 advantages, facilities, goods, or privileges related to the 25 solemnization of any marriage shall not be protected under 26 this section if a party to the marriage is unable to obtain 27 any similar services, accommodations, advantages, facilities, 28 goods, or privileges elsewhere, and such inability to obtain 29 such similar services, accommodations, advantages, facilities, 30 goods, or privileges elsewhere constitutes a substantial 31 hardship. 32 EXPLANATION 33 This bill provides exemptions to certain individuals and 34 organizations related to solemnization and recognition of the 35 -1- LSB 5066XS (4) 83 pf/rj 1/ 2
S.F. 2052 validity of marriages. 1 The bill provides that an individual, religious or 2 denominational organization, or a charitable or educational 3 organization operated, supervised, or controlled by or 4 connected with a religious or denominational organization, 5 shall not be liable, penalized, or denied benefits under 6 the laws of this state or any political subdivision of this 7 state, including but not limited to laws regarding employment 8 discrimination, housing, public accommodations, licensing, 9 government contracts or grants, or tax-exempt status, for 10 refusing to solemnize any marriage, for refusing to provide 11 services, accommodations, advantages, facilities, goods, or 12 privileges related to the solemnization of any marriage, or for 13 refusing to treat as valid any marriage, if such providing, 14 solemnizing, or treating as valid would cause such individual 15 or organization to violate the sincerely held religious beliefs 16 of the individual or to which the organization subscribes. 17 However, the exemptions do not apply; or in the case in which 18 a government employee refuses to assist in the solemnization 19 of a marriage, if another government employee is not available 20 and willing to so assist if the refusal to provide services, 21 accommodations, advantages, facilities, goods, or privileges 22 related to the solemnization of any marriage results in a party 23 to the marriage being unable to obtain any similar services, 24 accommodations, advantages, facilities, goods, or privileges 25 elsewhere, and this constitutes a substantial hardship. 26 -2- LSB 5066XS (4) 83 pf/rj 2/ 2