Senate
File
2171
-
Introduced
SENATE
FILE
2171
BY
GUTH
,
CHAPMAN
,
ROZENBOOM
,
SEGEBART
,
JOHNSON
,
SCHULTZ
,
BEHN
,
KRAAYENBRINK
,
SHIPLEY
,
COSTELLO
,
and
GARRETT
A
BILL
FOR
An
Act
relating
to
the
standard
of
judicial
review
and
1
providing
a
claim
or
defense
when
a
state
action
burdens
a
2
person’s
exercise
of
religion,
and
including
effective
date
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
NEW
SECTION
.
675.1
Short
title.
1
This
chapter
shall
be
known
and
may
be
cited
as
the
“Iowa
2
Conscience
Protection
Act”
.
3
Sec.
2.
NEW
SECTION
.
675.2
Purpose.
4
The
purposes
of
this
chapter
are
as
follows:
5
1.
To
ensure
that
strict
scrutiny
is
applied
in
all
cases
6
where
state
action
burdens
the
exercise
of
religion.
7
2.
To
provide
a
claim
or
defense
to
a
person
whose
exercise
8
of
religion
is
burdened
by
state
action.
9
Sec.
3.
NEW
SECTION
.
675.3
Definitions.
10
As
used
in
this
chapter
unless
the
context
otherwise
11
requires:
12
1.
“Burden”
means
any
state
action
that
directly
or
13
indirectly
constrains,
inhibits,
curtails,
or
denies
the
14
exercise
of
religion
by
any
person
or
compels
any
action
15
contrary
to
a
person’s
exercise
of
religion,
and
includes
but
16
is
not
limited
to
any
state
action
that
results
in
any
of
the
17
following:
18
a.
Withholding
of
benefits.
19
b.
Assessment
of
criminal,
civil,
or
administrative
20
penalties.
21
c.
Exclusion
from
governmental
programs
or
access
to
22
governmental
facilities.
23
2.
“Compelling
governmental
interest”
means
a
governmental
24
interest
of
the
highest
magnitude
that
cannot
otherwise
be
25
achieved
without
burdening
the
exercise
of
religion.
26
3.
“Exercise
of
religion”
means
the
practice
or
observance
27
of
religion.
“Exercise
of
religion”
includes
but
is
not
28
limited
to
the
ability
to
act
or
refuse
to
act
in
a
manner
29
substantially
motivated
by
a
person’s
sincerely
held
religious
30
beliefs,
whether
or
not
the
exercise
is
compulsory
or
central
31
to
a
larger
system
of
religious
belief.
32
4.
“Person”
means
an
individual,
association,
partnership,
33
corporation,
place
of
worship,
religious
institution,
34
educational
institution,
adoption
agency,
estate,
trust,
35
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2171
foundation,
or
other
legal
entity.
1
5.
“State
action”
means
the
implementation
or
application
2
of
any
law,
including
but
not
limited
to
state
laws,
local
3
ordinances,
rules,
regulations,
resolutions,
and
policies,
4
whether
statutory
or
otherwise,
or
other
action
by
the
state,
5
an
agency
or
instrumentality
of
the
state,
or
any
political
6
subdivision
of
the
state,
or
any
public
official
whose
office
7
is
authorized
by
law
of
the
state.
8
Sec.
4.
NEW
SECTION
.
675.4
Free
exercise
of
religion
9
protected.
10
1.
State
action
shall
not
burden
a
person’s
free
11
exercise
of
religion,
even
if
the
burden
results
from
a
law,
12
ordinance,
rule,
regulation,
resolution,
or
policy
of
general
13
applicability,
unless
it
is
demonstrated
that
applying
the
14
burden
to
the
person’s
exercise
of
religion
is
essential
to
15
further
a
compelling
governmental
interest
and
is
the
least
16
restrictive
means
of
furthering
that
interest.
17
2.
A
person
whose
exercise
of
religion
has
been
burdened
18
or
is
likely
to
be
burdened
in
violation
of
this
chapter
may
19
assert
such
violation
or
impending
violation
as
a
claim
or
20
defense
in
a
judicial,
administrative,
or
other
proceeding,
21
regardless
of
whether
the
state
or
any
other
governmental
22
entity
is
a
party
to
the
proceeding.
The
person
asserting
such
23
a
claim
or
defense
may
obtain
appropriate
relief,
including
24
relief
against
the
state
or
any
other
governmental
entity
25
taking
state
action.
Appropriate
relief
includes
but
is
not
26
limited
to
injunctive
relief,
declaratory
relief,
compensatory
27
damages,
costs,
and
attorney
fees.
28
Sec.
5.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
29
immediate
importance,
takes
effect
upon
enactment.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
the
standard
of
judicial
review
when
34
a
state
action
burdens
a
person’s
exercise
of
religion
and
35
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2171
provides
a
claim
or
defense
to
a
person
whose
exercise
of
1
religion
is
burdened
by
a
state
action.
2
The
bill
defines
“burden”,
“exercise
of
religion”,
“person”,
3
and
“state
action”.
4
The
bill
provides
that
state
action
shall
not
burden
the
5
exercise
of
religion
of
any
person
unless
the
person
or
entity
6
seeking
to
apply
the
law
to
the
person
can
show
that
the
7
burden
is
essential
to
furthering
a
compelling
governmental
8
interest
and
is
the
least
restrictive
means
of
furthering
that
9
interest.
Under
current
law,
a
court
does
not
apply
heightened
10
scrutiny
when
reviewing
a
law
that
burdens
a
person’s
exercise
11
of
religion
when
such
law
is
generally
applicable.
The
bill
12
defines
“compelling
governmental
interest”
as
a
governmental
13
interest
of
the
highest
magnitude
that
cannot
be
achieved
14
without
burdening
the
exercise
of
religion.
15
The
bill
further
provides
that
a
person
whose
exercise
of
16
religion
has
been
or
is
likely
to
be
burdened
by
state
action
17
may
assert
such
violation
or
impending
violation
as
a
claim
or
18
defense
in
a
judicial,
administrative,
or
other
proceeding.
19
The
person
asserting
the
claim
may
obtain
injunctive
relief,
20
declaratory
relief,
compensatory
damages,
costs,
or
attorney
21
fees.
22
The
bill
takes
effect
upon
enactment.
23
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