HJR 14 (LSB 1091YH (4) 85)

HOUSE JOINT RESOLUTION 14

BY  ALONS, DOLECHECK, FRY, BRANDENBURG, HEARTSILL, SHAW, GASSMAN, SALMON, KOESTER, LANDON, SHEETS, and SCHULTZ

HOUSE JOINT RESOLUTION

A Joint Resolution proposing an amendment to the Constitution of the State of Iowa relating to religion and religious practices.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  The following amendment to the Constitution of the State of Iowa is proposed:
   Section 3 of Article I of the Constitution of the State of Iowa is repealed and the following adopted in lieu thereof:
   Religion.  SEC. 3.  All men and women have a natural and indefeasible right to worship God according to the dictates of their own consciences and no human authority can control or interfere with the rights of conscience.
   In order to secure a citizen’s right to acknowledge God according to the dictates of the citizen’s own conscience, neither the state nor any of its political subdivisions shall establish any official religion, nor shall a citizen’s right to pray or express the citizen’s religious beliefs be infringed.
   The state shall not coerce any person to participate in any prayer or other religious activity, but shall ensure that any person shall have the right to pray individually or corporately in a private or public setting as long as such prayer does not result in the disturbance of the peace or the disruption of a public meeting or assembly. 
   Citizens as well as elected officials and employees of the state and its political subdivisions shall have the right to pray on government premises and public property as long as such prayers abide within the same regulations placed upon any other free speech under similar circumstances.
   The general assembly and the governing bodies of political subdivisions may extend to ministers, clergypersons, and other individuals the privilege to offer invocations or other prayers at meetings or sessions of the general assembly or governing bodies. 
   Students may express their beliefs about religion in written and oral assignments free from discrimination based on the religious content of their work, and a student shall not be compelled to perform or participate in academic assignments or educational presentations that violate the student’s religious beliefs, and the state shall ensure that public school students have a right to free exercise of religious expression without interference, as long as such prayer or other expression is private and voluntary, whether individually or corporately, and in a manner that is not disruptive and as long as such prayers or expressions abide within the same regulations placed upon any other free speech under similar circumstances. 
   All public schools receiving state appropriations shall display, in a conspicuous and legible manner, the text of the Bill of Rights of the Constitution of the United States and the Declaration of Independence.
   This section shall not be construed to expand the rights of prisoners in state or local custody beyond those afforded by the laws of the United States, excuse acts of immorality, or to justify practices inconsistent with the good order, peace, or safety of the state, or with the rights of others.
    Sec. 2.
  PUBLICATION AND REFERRAL TO NEXT GENERAL ASSEMBLY.
  The foregoing proposed amendment to the Constitution of the State of Iowa is referred to the general assembly to be chosen at the next general election for members of the general assembly, and the secretary of state is directed to cause the proposed amendment to be published for three consecutive months previous to the date of that election as provided by law.
EXPLANATION
   This joint resolution proposes an amendment to the Constitution of the State of Iowa relating to religion and religious practices.
   Article I, section 3, of the Iowa Constitution currently provides that the general assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates for building or repairing places of worship, or the maintenance of any minister, or ministry.
   The resolution repeals article I, section 3 of the Iowa Constitution and specifically provides that all men and women have a natural and indefeasible right to worship God as they so choose, that no human authority can control or interfere with the rights of conscience, and that neither the state nor any of its political subdivisions shall establish any official religion or coerce any person to participate in any prayer or other religious activity, but shall ensure that any person shall have the right to pray in a private or public setting, including schools, as long as such prayer does not result in the disturbance of the peace or the disruption of a public meeting or assembly. Citizens as well as elected officials and employees of the state and its political subdivisions shall have the right to pray on government premises and public property as long as such prayers abide within the same regulations placed upon any other free speech under similar circumstances. The general assembly and the governing bodies of political subdivisions may allow ministers, clergypersons, and other individuals to offer invocations or other prayers at meetings or sessions of the general assembly or governing bodies.
   The resolution further provides that students are allowed to express their religious beliefs in assignments free from discrimination and cannot be required to participate in assignments or presentations that violate their beliefs. A public school receiving state funds is required to display the text of the Bill of Rights of the United States Constitution and the Declaration of Independence in a conspicuous and legible manner.
   The resolution shall not be construed to expand the rights of prisoners in state or local custody beyond those afforded by federal law, excuse acts of immorality, or to justify practices inconsistent with the good order, peace, or safety of the state, or with the rights of others.
   The resolution, if adopted, would be published and then referred to the next general assembly (86th) for adoption, before being submitted to the electorate for ratification.