SF 2193 (LSB 5167XS (1) 88)

SENATE FILE 2193

BY  GUTH

A BILL FOR

An Act establishing the protecting freedom of conscience from government discrimination Act, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  216F.1  Title.
   This chapter shall be known and may be cited as the “Protecting Freedom of Conscience from Government Discrimination Act”.
    Sec. 2.  NEW SECTION.  216F.2  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Person” means an individual or a corporation, company, sole proprietorship, partnership, society, club, organization, agency, association, religious organization, or any employee, agent, or volunteer of any of these entities.
   2.  “Religious organization” means a house of worship, including but not limited to churches, synagogues, shrines, mosques, and temples, or a religious group, corporation, association, school or educational institution, ministry, order, society or similar entity, regardless of whether it is integrated or affiliated with a church or other house of worship. 
   3.  “State” means any department, commission, board, agency, or agent of the state; any political subdivision of the state and any department, commission, board, agency, or agent of such political subdivision; and any individual or entity acting under color of state law.
   4.  “State benefit program” means any program administered or funded by the state, or by any agent on behalf of the state, providing cash, vouchers, payments, grants, contracts, loans, or in-kind assistance.
   5.  “Unborn child” means the same as defined in section 146A.1.
    Sec. 3.  NEW SECTION.  216F.3  Protection of the free exercise of religious beliefs and moral convictions.
   1.  The sincerely held religious beliefs and moral convictions protected by this chapter include all of the following:
   a.  Marriage is or should be recognized as the union of one man and one woman.
   b.  The terms “male” and “female” refer to distinct and immutable biological sexes that are determinable by anatomy and genetics by the time of birth.
   c.  An unborn child is recognized as fully human from the moment of conception and life should be sacred and valued from the moment of conception. 
   2.  Notwithstanding any law to the contrary, the state shall not take any discriminatory or adverse action against a person, wholly or partially, on the basis that such person does any of the following:
   a.  Solemnizes or declines to solemnize any marriage, or provides or declines to provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, celebration, or recognition of any marriage, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in subsection 1.
   b.  Makes any employment-related decision including but not limited to a decision whether or not to hire, terminate, or discipline another person whose conduct or religious beliefs are inconsistent with those of the person, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in subsection 1. 
   c.  Makes any decision concerning the sale, rental, occupancy, or terms and conditions of occupying a dwelling or other housing under the person’s control, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in subsection 1.
   d.  Advertises, provides, or facilitates adoption or foster care, when the person has provided or declined to provide any adoption, foster care, or related service based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in subsection 1. 
   e.  Guides, instructs, or raises a child, who has been placed in the care or custody of the person as a foster or adoptive child, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in subsection 1.
   f.  Declines to participate in the provision of treatments, counseling, or surgeries related to sex reassignment or gender identity transitioning or declines to participate in the provision of psychological, counseling, or fertility services based upon a sincerely held religious belief or moral conviction described in subsection 1.
   g.  Establishes sex-specific standards or policies concerning employee or student dress or grooming, or concerning access to restrooms, spas, baths, showers, dressing rooms, locker rooms, or other intimate facilities or settings, based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in subsection 1.
   h.  If the person is a state employee, lawfully speaks or engages in expressive conduct based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in subsection 1, if any of the following applies:
   (1)  The state employee’s speech or expressive conduct occurs in the workplace, and the speech or expressive conduct is consistent with the time, place, manner and frequency of any other expression of a religious, political, or moral belief or conviction allowed. 
   (2)  The state employee’s speech or expressive conduct occurs outside the workplace, and the speech or expressive conduct is in the employee’s personal capacity and outside the course of performing work duties.
   i.  (1)  If the person is employed by or acting on behalf of the state and is authorized to license marriages seeks recusal from licensing legally valid marriages based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in subsection 1. Any person making such recusal shall provide prior written notice to the state registrar of vital statistics who shall keep a record of such recusal. The person providing such a recusal shall take all necessary steps to ensure that the licensing of any legally valid marriage is not impeded or delayed as a result of any recusal.
   (2)  If the person is employed by or acting on behalf of the state and is authorized to perform or solemnize marriages including but not limited to judges, magistrates, justices of the peace or their deputies, and seeks recusal from performing or solemnizing lawful marriages based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in subsection 1. Any person providing such a recusal shall provide prior written notice to the state court administrator. The state court administrator shall take all necessary steps to ensure that the performance or solemnization of any legally valid marriage is not impeded or delayed as a result of any recusal.
   j.  Refuses to perform, assist, or participate in a medical procedure which will result in an abortion in accordance with chapter 146 based upon or in a manner consistent with a sincerely held religious belief or moral conviction described in subsection 1. 
   3.  As used in this section, “discriminatory or adverse action” means any action taken by the state against a person described in subsection 2 that results in any of the following: 
   a.  Altering in any way the tax treatment of, or causing any tax, penalty, or payment to be assessed against, or denying, delaying, revoking, or otherwise making unavailable an exemption from taxation of such persons. To the extent the state relies on the determination of a federal entity in determining the tax treatment of a person, the determination of the federal entity shall be imputed to the state under this paragraph.
   b.  Applying or causing to be applied, a fine, penalty, fee, or injunction against such person.
   c.  Disallowing, denying, or otherwise making unavailable a deduction for state tax purposes of any charitable contribution made to or by such person.
   d.  Withholding, reducing, excluding, terminating, materially altering the terms or conditions of, or otherwise making unavailable or denying any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, diploma, grade, recognition, license, certification, accreditation, custody award or agreement, or other similar benefit, position, or status from or to such person.
   e.  Withholding, reducing, excluding, terminating, or otherwise making unavailable or denying any entitlement or benefit under a state benefit program from or to such person.
   f.  Refusing to hire or promote, forcing to resign, firing, demoting, sanctioning, disciplining, or materially altering the terms or conditions of employment, or retaliating or taking any other adverse employment action against a person employed or commissioned by the state.
   g.  Withholding, reducing, excluding, terminating, or otherwise making unavailable or denying access to or an entitlement to state property, facilities, educational institutions, speaking forums whether traditional, limited, or nonpublic, or charitable fundraising campaigns from or to such person.
   h.  Investigating or initiating an investigation, claim, or administrative proceeding of such person, if that person would not otherwise be subject to such action.
   4.  The state shall consider accredited, licensed, or certified any person that would otherwise be accredited, licensed, or certified, respectively, for any purposes under state law but for a determination against such person wholly or partially on the basis that the person believes, speaks, or acts in accordance with a sincerely held religious belief or moral conviction described in subsection 1.
    Sec. 4.  NEW SECTION.  216F.4  Cause of action and relief —— standing —— attorney fees and costs —— state enforcement.
   1.  A person may assert an actual or threatened violation of this chapter as a claim or defense in any judicial or administrative proceeding and obtain compensatory damages, injunctive relief, declaratory relief, or any other appropriate relief. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under the laws of this state.
   2.  A person may bring an action to assert a claim under this chapter no later than two years after the date the person knew or should have known that a discriminatory or adverse action was taken against the person. 
   3.  Notwithstanding any provision of law to the contrary, an action under this section may be commenced, and relief may be granted, in a court of this state without regard to whether the person commencing the action has sought or exhausted available administrative remedies.
   4.  In any action or proceeding to enforce a provision of this chapter, a prevailing party who establishes a violation of this chapter shall be entitled to recover reasonable attorney fees and costs.
   5.  In addition to or in lieu of a person asserting a violation of this chapter under subsection 1, the office of the attorney general may also bring an action for injunctive or declaratory relief against this state to enforce compliance with this chapter. This subsection shall not be construed to deny, impair, or otherwise affect any right or authority of the office of the attorney general or this state, acting under any law other than this subsection, to institute or intervene in any proceeding.
    Sec. 5.  NEW SECTION.  216F.5  Rules of construction.
   1.  This chapter shall be construed in favor of a broad protection of free exercise of religious beliefs and moral convictions, to the maximum extent permitted by the terms of this chapter and the Constitution of the State of Iowa and the Constitution of the United States.
   2.  This chapter shall not be construed to prevent this state from providing, either directly or through an individual or entity not seeking protection under this chapter, any benefit or service authorized under state law.
   3.  This chapter shall not be construed to authorize a medical provider, hospital, clinic, hospice program, or health care facility to deny visitation, to refuse to recognize an attorney in fact under a durable power of attorney for health care pursuant to chapter 144B, or to refuse to provide life-saving or emergency medical treatment necessary to cure an illness or disease.
   4.  The protection of the free exercise of sincerely held religious beliefs and moral convictions afforded by this chapter is in addition to the protections provided under federal law, state law, and the Constitution of the State of Iowa and the Constitution of the United States. This chapter shall not be construed to preempt or repeal any state or local law that is equally or more protective of the free exercise of sincerely held religious beliefs or moral convictions, and this chapter shall not be construed to narrow the meaning or application of any state or local law protecting the free exercise of sincerely held religious beliefs or moral convictions.
   5.  This chapter applies to, and in case of conflict supersedes, any state law that impinges on the free exercise of sincerely held religious beliefs and moral convictions protected by this chapter, unless a conflicting state law is expressly made exempt from the application of this chapter. This chapter also applies to, and in cases of conflict supersedes, any ordinance, rule, regulation, order, opinion, decision, practice or other exercise of state authority that impinges on the free exercise of sincerely held religious beliefs and moral convictions protected by this chapter. 
    Sec. 6.  NEW SECTION.  216F.6  Severability.
   If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are severable.
    Sec. 7.  EFFECTIVE DATE.  This Act takes effect thirty days after enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes the “Protecting Freedom of Conscience from Government Discrimination Act” and provides definitions. 
   The bill provides that the sincerely held religious beliefs and moral convictions protected by the bill include: marriage is or should be recognized as the union of one man and one woman; the terms “male” and “female” refer to distinct and immutable biological sexes that are determinable by anatomy and genetics by the time of birth; and an unborn child is recognized as fully human from the moment of conception and life should be sacred and valued from the moment of conception. 
   The bill provides that notwithstanding any law to the contrary, the state shall not take any discriminatory or adverse action against a person, wholly or partially on the basis that such person takes certain actions, as specified in the bill, based upon the sincerely held religious beliefs and moral convictions protected by the bill. 
   The bill specifies the discriminatory or adverse actions prohibited by the state against a person protected under the bill; and provides that a person may assert an actual or threatened violation of the bill as a cause of action in any judicial or administrative proceeding and obtain compensatory damages, injunctive relief, declaratory relief, or any other appropriate relief. A person may bring an action to assert a claim under the bill no later than two years after the date the person knew or should have known that a discriminatory or adverse action was taken against the person. Standing to assert a claim or defense under the bill is governed by the general rules of standing under the laws of this state. Notwithstanding any provision of law to the contrary, an action under the bill may be commenced, and relief may be granted, in a court of this state without regard to whether the person commencing the action has sought or exhausted available administrative remedies. A prevailing party in an action under the bill who establishes a violation of the bill is entitled to recover reasonable attorney fees and costs. The office of the attorney general may also bring an action for injunctive or declaratory relief against this state to enforce compliance with the bill. The bill is not to be construed to deny, impair, or otherwise affect any right or authority of the office of the attorney general or the state, acting under any law other than the bill, to institute or intervene in any proceeding.
   The bill is to be construed in favor of a broad protection of the free exercise of sincerely held religious beliefs and moral convictions, to the maximum extent permitted by the terms of the bill and the Constitutions of the State of Iowa and of the United States. The bill is not to be construed to prevent the state from providing any benefit or service authorized under state law. The bill is also not to be construed to authorize a medical provider, hospital, clinic, hospice program, or health care facility to deny visitation, to refuse to recognize an attorney in fact under a durable power of attorney for health care pursuant to Code chapter 144B, or to refuse to provide life-saving or emergency medical treatment necessary to cure illness or disease. The protection of the free exercise of sincerely held religious beliefs and moral convictions afforded by the bill is in addition to the protections provided under federal law, state law, and the Constitutions of the State of Iowa and of the United States, and the bill is not to be construed to preempt or repeal any state or local law that is equally or more protective of the free exercise of sincerely held religious beliefs or moral convictions or to narrow the meaning or application of any state or local law protecting the free exercise of sincerely held religious beliefs or moral convictions. The bill applies to, and in case of conflict supersedes, any state law that impinges on the free exercise of sincerely held religious beliefs and moral convictions protected by the bill, unless a conflicting state law is expressly made exempt from the application of the bill. The bill also applies to, and in cases of conflict supersedes, any ordinance, rule, regulation, order, opinion, decision, practice, or other exercise of state authority that impinges on the free exercise of sincerely held religious beliefs and moral convictions protected by the bill. 
   The provisions of the bill are severable. The bill takes effect 30 days after enactment.