House File 2350 - Introduced HOUSE FILE 2350 BY SWAIM , ANDERSON , THEDE , FREVERT , BERRY , QUIRK , GASKILL , BAILEY , KELLEY , H. MILLER , MERTZ , MAREK , MAY , CHAMBERS , STRUYK , HUSEMAN , WATTS , SCHULTZ , PETTENGILL , KAUFMANN , and BAUDLER A BILL FOR An Act establishing the religious conscience protection Act. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5690YH (5) 83 pf/rj

H.F. 2350 Section 1. NEW SECTION . 216F.1 Title 1 This chapter shall be known and may be cited as the 2 “Religious Conscience Protection Act.” 3 Sec. 2. NEW SECTION . 216F.2 Exemptions —— marriage —— 4 solemnization, celebration, treating as valid. 5 1. A religious corporation, association, educational 6 institution, society, charity, or fraternal organization, or an 7 individual employed by such an entity while acting in the scope 8 of employment shall not be required to do any of the following 9 if doing so would cause such entity to violate the sincerely 10 held religious beliefs to which the entity subscribes or such 11 individual to violate the individual’s sincerely held religious 12 beliefs: 13 a. Solemnize a marriage. 14 b. Treat a marriage as valid. 15 c. Provide services, accommodations, advantages, 16 facilities, goods, or privileges for a purpose related to the 17 solemnization or celebration of a marriage. 18 2. a. Except as provided in paragraph “b” , an individual, 19 sole proprietor, or small business shall not be required to do 20 any of the following if doing so would cause the individual 21 or sole proprietor to violate the individual’s or sole 22 proprietor’s sincerely held religious beliefs or the small 23 business to violate the sincerely held religious beliefs to 24 which the small business subscribes: 25 (1) Provide goods or services that assist or promote 26 the solemnization or celebration of a marriage, or provide 27 counseling or other services that directly facilitate the 28 perpetuation of a marriage. 29 (2) Provide benefits to the spouse of an employee. 30 (3) Provide housing to a married couple. 31 b. The exemptions provided pursuant to paragraph “a” shall 32 not apply if either of the following conditions exist: 33 (1) A party to the marriage is unable to obtain similar 34 goods or services, employment benefits, or housing elsewhere 35 -1- LSB 5690YH (5) 83 pf/rj 1/ 3

H.F. 2350 without substantial hardship. 1 (2) If the individual is a government employee or official 2 and another government employee or official is not promptly 3 available and willing to provide the requested government 4 service without inconvenience or delay. 5 c. For the purposes of this subsection, “small business” 6 means a legal entity other than a natural person that meets any 7 of the following specifications: 8 (1) Provides services which are primarily performed by an 9 owner of the business. 10 (2) Has five or fewer employees. 11 (3) If a legal entity providing housing for rent, owns five 12 or fewer units of housing. 13 3. Refusal to provide services, accommodations, advantages, 14 facilities, goods, or privileges if in accordance with this 15 section, shall not result in either of the following: 16 a. Creation of any civil claim or cause of action. 17 b. An action by the state or a political subdivision, under 18 any law of the state or a political subdivision, to penalize 19 or withhold benefits from any individual or entity acting in 20 accordance with this section including but not limited to 21 laws regarding employment discrimination, housing, public 22 accommodations, educational institutions, licensing, government 23 contracts or grants, or tax-exempt status. 24 EXPLANATION 25 This bill creates the religious conscience protection 26 Act. The bill provides exemptions for religious corporations, 27 associations, educational institutions, societies, charities, 28 and fraternal organizations, and individuals employed by such 29 entities while acting in the scope of employment, from any 30 requirement to solemnize a marriage, treat a marriage as valid, 31 or provide services, accommodations, advantages, facilities, 32 goods, or privileges for purposes related to the solemnization 33 or celebration of a marriage, if by doing so would cause such 34 entity to violate the sincerely held religious beliefs to 35 -2- LSB 5690YH (5) 83 pf/rj 2/ 3

H.F. 2350 which the entity subscribes or the individual to violate the 1 individual’s sincerely held religious beliefs. 2 Additionally, with regard to an individual, sole proprietor, 3 or small business, the bill exempts these entities from any 4 requirements of providing goods or services that assist or 5 promote the solemnization or celebration of a marriage or 6 providing counseling or other services that directly facilitate 7 the perpetuation of a marriage; providing benefits to the 8 spouse of an employee; or providing housing to a married 9 couple, if doing so would cause the individual or sole 10 proprietor to violate the individual’s or sole proprietor’s 11 sincerely held religious beliefs or the small business to 12 violate the sincerely held religious beliefs to which the small 13 business subscribes. 14 However, the exemptions do not apply if a party to the 15 marriage is unable to obtain similar goods or services, 16 employment benefits, or housing elsewhere without substantial 17 hardship; or if the individual is a government employee 18 or official and another government employee or official is 19 not promptly available and willing to provide the requested 20 government service without inconvenience or delay. The bill 21 also defines “small business” for the purposes of the bill. 22 The bill provides that refusal to provide services, 23 accommodations, advantages, facilities, goods, or privileges 24 in accordance with the bill shall not result in creation of a 25 civil claim or cause of action, or any action by the state or a 26 political subdivision to penalize or withhold benefits from any 27 individual or entity exempted under the bill, including but not 28 limited to laws regarding employment discrimination, housing, 29 public accommodations, educational institutions, licensing, 30 government contracts or grants, or tax-exempt status. 31 -3- LSB 5690YH (5) 83 pf/rj 3/ 3