H.F. _____ 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 (4) Provide adoption or reproductive services. 32 b. The exemptions provided pursuant to paragraph “a” 33 shall not apply if the individual is a government employee 34 or official and another government employee or official is 35 -1- LSB 1894YC (5) 84 pf/rj 1/ 4

H.F. _____ not promptly available and willing to provide the requested 1 government service without inconvenience or delay. However, 2 if the government employee or official is a judicial officer 3 authorized to solemnize marriages, the exemption provision 4 pursuant to paragraph “a” shall continue to apply. 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. a. Refusal to provide services, accommodations, 14 advantages, facilities, goods, or privileges if in accordance 15 with this section, shall not result in either of the following: 16 (1) Creation of any civil claim or cause of action against 17 any individual or entity acting in accordance with this 18 section. 19 (2) An action by the state or a political subdivision, under 20 any law of the state or a political subdivision, to penalize 21 or withhold benefits from any individual or entity acting in 22 accordance with this section including but not limited to 23 laws regarding employment discrimination, housing, public 24 accommodations, educational institutions, licensing, government 25 contracts or grants, or tax-exempt status. 26 b. This subsection shall not be interpreted to preclude any 27 individual or entity acting in accordance with this section, 28 who is adversely affected by such action, from utilizing any 29 remedy otherwise provided by law. 30 4. This section is intended to implement, in part, article 31 I, sections 3 and 4 of the Constitution of the State of Iowa, 32 and the first amendment to the Constitution of the United 33 States. 34 EXPLANATION 35 -2- LSB 1894YC (5) 84 pf/rj 2/ 4

H.F. _____ This bill creates the religious conscience protection 1 Act. The bill provides exemptions for religious corporations, 2 associations, educational institutions, societies, charities, 3 and fraternal organizations, and individuals employed by such 4 entities while acting in the scope of employment, from any 5 requirement to solemnize a marriage, treat a marriage as valid, 6 or provide services, accommodations, advantages, facilities, 7 goods, or privileges for purposes related to the solemnization 8 or celebration of a marriage, if by doing so would cause such 9 entity to violate the sincerely held religious beliefs to 10 which the entity subscribes or the individual to violate the 11 individual’s sincerely held religious beliefs. 12 Additionally, with regard to an individual, sole proprietor, 13 or small business, the bill exempts these entities from any 14 requirements of providing goods or services that assist or 15 promote the solemnization or celebration of a marriage or 16 providing counseling or other services that directly facilitate 17 the perpetuation of a marriage; providing benefits to the 18 spouse of an employee; providing housing to a married couple; 19 or providing adoption or reproductive services, if doing so 20 would cause the individual or sole proprietor to violate the 21 individual’s or sole proprietor’s sincerely held religious 22 beliefs or the small business to violate the sincerely held 23 religious beliefs to which the small business subscribes. 24 However, the exemptions do not apply if the individual is a 25 government employee or official and another government employee 26 or official is not promptly available and willing to provide 27 the requested government service without inconvenience or delay 28 with the exception of judicial officers authorized to solemnize 29 marriage. The bill also defines “small business” for the 30 purposes of the bill. 31 The bill provides that refusal to provide services, 32 accommodations, advantages, facilities, goods, or privileges 33 in accordance with the bill shall not result in creation of a 34 civil claim or cause of action, or any action by the state or a 35 -3- LSB 1894YC (5) 84 pf/rj 3/ 4

H.F. _____ political subdivision to penalize or withhold benefits from any 1 individual or entity exempted under the bill, including but not 2 limited to laws regarding employment discrimination, housing, 3 public accommodations, educational institutions, licensing, 4 government contracts or grants, or tax-exempt status. 5 The bill provides that the bill shall not be interpreted to 6 preclude any individual or entity acting in accordance with the 7 bill who is adversely affected by the action from utilizing any 8 remedy otherwise provided by law. 9 The bill also states that the bill is intended to implement, 10 in part, article I, sections 3 and 4 of the Constitution of the 11 State of Iowa, and the first amendment to the Constitution of 12 the United States. 13 -4- LSB 1894YC (5) 84 pf/rj 4/ 4