House Joint Resolution 14 - Introduced 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 1 of the State of Iowa relating to religion and religious 2 practices. 3 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1091YH (4) 85 rh/sc

H.J.R. 14 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 Section 3 of Article I of the Constitution of the State of 3 Iowa is repealed and the following adopted in lieu thereof: 4 Religion. SEC. 3. All men and women have a natural and 5 indefeasible right to worship God according to the dictates of 6 their own consciences and no human authority can control or 7 interfere with the rights of conscience. 8 In order to secure a citizen’s right to acknowledge God 9 according to the dictates of the citizen’s own conscience, 10 neither the state nor any of its political subdivisions shall 11 establish any official religion, nor shall a citizen’s right to 12 pray or express the citizen’s religious beliefs be infringed. 13 The state shall not coerce any person to participate in any 14 prayer or other religious activity, but shall ensure that any 15 person shall have the right to pray individually or corporately 16 in a private or public setting as long as such prayer does not 17 result in the disturbance of the peace or the disruption of a 18 public meeting or assembly. 19 Citizens as well as elected officials and employees of the 20 state and its political subdivisions shall have the right to 21 pray on government premises and public property as long as such 22 prayers abide within the same regulations placed upon any other 23 free speech under similar circumstances. 24 The general assembly and the governing bodies of political 25 subdivisions may extend to ministers, clergypersons, and other 26 individuals the privilege to offer invocations or other prayers 27 at meetings or sessions of the general assembly or governing 28 bodies. 29 Students may express their beliefs about religion in written 30 and oral assignments free from discrimination based on the 31 religious content of their work, and a student shall not be 32 compelled to perform or participate in academic assignments or 33 educational presentations that violate the student’s religious 34 beliefs, and the state shall ensure that public school students 35 -1- LSB 1091YH (4) 85 rh/sc 1/ 3

H.J.R. 14 have a right to free exercise of religious expression without 1 interference, as long as such prayer or other expression is 2 private and voluntary, whether individually or corporately, and 3 in a manner that is not disruptive and as long as such prayers 4 or expressions abide within the same regulations placed upon 5 any other free speech under similar circumstances. 6 All public schools receiving state appropriations shall 7 display, in a conspicuous and legible manner, the text of the 8 Bill of Rights of the Constitution of the United States and the 9 Declaration of Independence. 10 This section shall not be construed to expand the rights of 11 prisoners in state or local custody beyond those afforded by 12 the laws of the United States, excuse acts of immorality, or to 13 justify practices inconsistent with the good order, peace, or 14 safety of the state, or with the rights of others. 15 Sec. 2. PUBLICATION AND REFERRAL TO NEXT GENERAL 16 ASSEMBLY. The foregoing proposed amendment to the Constitution 17 of the State of Iowa is referred to the general assembly to be 18 chosen at the next general election for members of the general 19 assembly, and the secretary of state is directed to cause the 20 proposed amendment to be published for three consecutive months 21 previous to the date of that election as provided by law. 22 EXPLANATION 23 This joint resolution proposes an amendment to the 24 Constitution of the State of Iowa relating to religion and 25 religious practices. 26 Article I, section 3, of the Iowa Constitution currently 27 provides that the general assembly shall make no law respecting 28 an establishment of religion, or prohibiting the free exercise 29 thereof; nor shall any person be compelled to attend any place 30 of worship, pay tithes, taxes, or other rates for building 31 or repairing places of worship, or the maintenance of any 32 minister, or ministry. 33 The resolution repeals article I, section 3 of the Iowa 34 Constitution and specifically provides that all men and women 35 -2- LSB 1091YH (4) 85 rh/sc 2/ 3

H.J.R. 14 have a natural and indefeasible right to worship God as they 1 so choose, that no human authority can control or interfere 2 with the rights of conscience, and that neither the state nor 3 any of its political subdivisions shall establish any official 4 religion or coerce any person to participate in any prayer or 5 other religious activity, but shall ensure that any person 6 shall have the right to pray in a private or public setting, 7 including schools, as long as such prayer does not result in 8 the disturbance of the peace or the disruption of a public 9 meeting or assembly. Citizens as well as elected officials 10 and employees of the state and its political subdivisions 11 shall have the right to pray on government premises and 12 public property as long as such prayers abide within the same 13 regulations placed upon any other free speech under similar 14 circumstances. The general assembly and the governing bodies 15 of political subdivisions may allow ministers, clergypersons, 16 and other individuals to offer invocations or other prayers 17 at meetings or sessions of the general assembly or governing 18 bodies. 19 The resolution further provides that students are allowed 20 to express their religious beliefs in assignments free from 21 discrimination and cannot be required to participate in 22 assignments or presentations that violate their beliefs. A 23 public school receiving state funds is required to display the 24 text of the Bill of Rights of the United States Constitution 25 and the Declaration of Independence in a conspicuous and 26 legible manner. 27 The resolution shall not be construed to expand the rights of 28 prisoners in state or local custody beyond those afforded by 29 federal law, excuse acts of immorality, or to justify practices 30 inconsistent with the good order, peace, or safety of the 31 state, or with the rights of others. 32 The resolution, if adopted, would be published and then 33 referred to the next general assembly (86th) for adoption, 34 before being submitted to the electorate for ratification. 35 -3- LSB 1091YH (4) 85 rh/sc 3/ 3