S.F. 2193 Section 1. NEW SECTION . 216F.1 Title. 1 This chapter shall be known and may be cited as the 2 “Protecting Freedom of Conscience from Government Discrimination 3 Act” . 4 Sec. 2. NEW SECTION . 216F.2 Definitions. 5 As used in this chapter, unless the context otherwise 6 requires: 7 1. “Person” means an individual or a corporation, company, 8 sole proprietorship, partnership, society, club, organization, 9 agency, association, religious organization, or any employee, 10 agent, or volunteer of any of these entities. 11 2. “Religious organization” means a house of worship, 12 including but not limited to churches, synagogues, shrines, 13 mosques, and temples, or a religious group, corporation, 14 association, school or educational institution, ministry, 15 order, society or similar entity, regardless of whether it 16 is integrated or affiliated with a church or other house of 17 worship. 18 3. “State” means any department, commission, board, agency, 19 or agent of the state; any political subdivision of the state 20 and any department, commission, board, agency, or agent of such 21 political subdivision; and any individual or entity acting 22 under color of state law. 23 4. “State benefit program” means any program administered 24 or funded by the state, or by any agent on behalf of the state, 25 providing cash, vouchers, payments, grants, contracts, loans, 26 or in-kind assistance. 27 5. “Unborn child” means the same as defined in section 28 146A.1. 29 Sec. 3. NEW SECTION . 216F.3 Protection of the free exercise 30 of religious beliefs and moral convictions. 31 1. The sincerely held religious beliefs and moral 32 convictions protected by this chapter include all of the 33 following: 34 a. Marriage is or should be recognized as the union of one 35 -1- LSB 5167XS (1) 88 pf/rh 1/ 10

S.F. 2193 man and one woman. 1 b. The terms “male” and “female” refer to distinct and 2 immutable biological sexes that are determinable by anatomy and 3 genetics by the time of birth. 4 c. An unborn child is recognized as fully human from the 5 moment of conception and life should be sacred and valued from 6 the moment of conception. 7 2. Notwithstanding any law to the contrary, the state shall 8 not take any discriminatory or adverse action against a person, 9 wholly or partially, on the basis that such person does any of 10 the following: 11 a. Solemnizes or declines to solemnize any marriage, or 12 provides or declines to provide services, accommodations, 13 facilities, goods, or privileges for a purpose related to 14 the solemnization, formation, celebration, or recognition of 15 any marriage, based upon or in a manner consistent with a 16 sincerely held religious belief or moral conviction described 17 in subsection 1. 18 b. Makes any employment-related decision including but not 19 limited to a decision whether or not to hire, terminate, or 20 discipline another person whose conduct or religious beliefs 21 are inconsistent with those of the person, based upon or in a 22 manner consistent with a sincerely held religious belief or 23 moral conviction described in subsection 1. 24 c. Makes any decision concerning the sale, rental, 25 occupancy, or terms and conditions of occupying a dwelling or 26 other housing under the person’s control, based upon or in a 27 manner consistent with a sincerely held religious belief or 28 moral conviction described in subsection 1. 29 d. Advertises, provides, or facilitates adoption or foster 30 care, when the person has provided or declined to provide any 31 adoption, foster care, or related service based upon or in a 32 manner consistent with a sincerely held religious belief or 33 moral conviction described in subsection 1. 34 e. Guides, instructs, or raises a child, who has been 35 -2- LSB 5167XS (1) 88 pf/rh 2/ 10

S.F. 2193 placed in the care or custody of the person as a foster or 1 adoptive child, based upon or in a manner consistent with a 2 sincerely held religious belief or moral conviction described 3 in subsection 1. 4 f. Declines to participate in the provision of treatments, 5 counseling, or surgeries related to sex reassignment or 6 gender identity transitioning or declines to participate in 7 the provision of psychological, counseling, or fertility 8 services based upon a sincerely held religious belief or moral 9 conviction described in subsection 1. 10 g. Establishes sex-specific standards or policies concerning 11 employee or student dress or grooming, or concerning access to 12 restrooms, spas, baths, showers, dressing rooms, locker rooms, 13 or other intimate facilities or settings, based upon or in a 14 manner consistent with a sincerely held religious belief or 15 moral conviction described in subsection 1. 16 h. If the person is a state employee, lawfully speaks 17 or engages in expressive conduct based upon or in a manner 18 consistent with a sincerely held religious belief or moral 19 conviction described in subsection 1, if any of the following 20 applies: 21 (1) The state employee’s speech or expressive conduct 22 occurs in the workplace, and the speech or expressive conduct 23 is consistent with the time, place, manner and frequency of any 24 other expression of a religious, political, or moral belief or 25 conviction allowed. 26 (2) The state employee’s speech or expressive conduct 27 occurs outside the workplace, and the speech or expressive 28 conduct is in the employee’s personal capacity and outside the 29 course of performing work duties. 30 i. (1) If the person is employed by or acting on behalf 31 of the state and is authorized to license marriages seeks 32 recusal from licensing legally valid marriages based upon or in 33 a manner consistent with a sincerely held religious belief or 34 moral conviction described in subsection 1. Any person making 35 -3- LSB 5167XS (1) 88 pf/rh 3/ 10

S.F. 2193 such recusal shall provide prior written notice to the state 1 registrar of vital statistics who shall keep a record of such 2 recusal. The person providing such a recusal shall take all 3 necessary steps to ensure that the licensing of any legally 4 valid marriage is not impeded or delayed as a result of any 5 recusal. 6 (2) If the person is employed by or acting on behalf of 7 the state and is authorized to perform or solemnize marriages 8 including but not limited to judges, magistrates, justices of 9 the peace or their deputies, and seeks recusal from performing 10 or solemnizing lawful marriages based upon or in a manner 11 consistent with a sincerely held religious belief or moral 12 conviction described in subsection 1. Any person providing 13 such a recusal shall provide prior written notice to the state 14 court administrator. The state court administrator shall 15 take all necessary steps to ensure that the performance or 16 solemnization of any legally valid marriage is not impeded or 17 delayed as a result of any recusal. 18 j. Refuses to perform, assist, or participate in a medical 19 procedure which will result in an abortion in accordance 20 with chapter 146 based upon or in a manner consistent with a 21 sincerely held religious belief or moral conviction described 22 in subsection 1. 23 3. As used in this section, “discriminatory or adverse 24 action” means any action taken by the state against a person 25 described in subsection 2 that results in any of the following: 26 a. Altering in any way the tax treatment of, or causing 27 any tax, penalty, or payment to be assessed against, or 28 denying, delaying, revoking, or otherwise making unavailable 29 an exemption from taxation of such persons. To the extent 30 the state relies on the determination of a federal entity in 31 determining the tax treatment of a person, the determination 32 of the federal entity shall be imputed to the state under this 33 paragraph. 34 b. Applying or causing to be applied, a fine, penalty, fee, 35 -4- LSB 5167XS (1) 88 pf/rh 4/ 10

S.F. 2193 or injunction against such person. 1 c. Disallowing, denying, or otherwise making unavailable a 2 deduction for state tax purposes of any charitable contribution 3 made to or by such person. 4 d. Withholding, reducing, excluding, terminating, 5 materially altering the terms or conditions of, or 6 otherwise making unavailable or denying any state grant, 7 contract, subcontract, cooperative agreement, guarantee, 8 loan, scholarship, diploma, grade, recognition, license, 9 certification, accreditation, custody award or agreement, or 10 other similar benefit, position, or status from or to such 11 person. 12 e. Withholding, reducing, excluding, terminating, or 13 otherwise making unavailable or denying any entitlement or 14 benefit under a state benefit program from or to such person. 15 f. Refusing to hire or promote, forcing to resign, firing, 16 demoting, sanctioning, disciplining, or materially altering the 17 terms or conditions of employment, or retaliating or taking any 18 other adverse employment action against a person employed or 19 commissioned by the state. 20 g. Withholding, reducing, excluding, terminating, or 21 otherwise making unavailable or denying access to or an 22 entitlement to state property, facilities, educational 23 institutions, speaking forums whether traditional, limited, or 24 nonpublic, or charitable fundraising campaigns from or to such 25 person. 26 h. Investigating or initiating an investigation, claim, or 27 administrative proceeding of such person, if that person would 28 not otherwise be subject to such action. 29 4. The state shall consider accredited, licensed, or 30 certified any person that would otherwise be accredited, 31 licensed, or certified, respectively, for any purposes under 32 state law but for a determination against such person wholly 33 or partially on the basis that the person believes, speaks, or 34 acts in accordance with a sincerely held religious belief or 35 -5- LSB 5167XS (1) 88 pf/rh 5/ 10

S.F. 2193 moral conviction described in subsection 1. 1 Sec. 4. NEW SECTION . 216F.4 Cause of action and relief —— 2 standing —— attorney fees and costs —— state enforcement. 3 1. A person may assert an actual or threatened violation 4 of this chapter as a claim or defense in any judicial or 5 administrative proceeding and obtain compensatory damages, 6 injunctive relief, declaratory relief, or any other appropriate 7 relief. Standing to assert a claim or defense under this 8 section shall be governed by the general rules of standing 9 under the laws of this state. 10 2. A person may bring an action to assert a claim under this 11 chapter no later than two years after the date the person knew 12 or should have known that a discriminatory or adverse action 13 was taken against the person. 14 3. Notwithstanding any provision of law to the contrary, an 15 action under this section may be commenced, and relief may be 16 granted, in a court of this state without regard to whether the 17 person commencing the action has sought or exhausted available 18 administrative remedies. 19 4. In any action or proceeding to enforce a provision of 20 this chapter, a prevailing party who establishes a violation of 21 this chapter shall be entitled to recover reasonable attorney 22 fees and costs. 23 5. In addition to or in lieu of a person asserting a 24 violation of this chapter under subsection 1, the office of 25 the attorney general may also bring an action for injunctive 26 or declaratory relief against this state to enforce compliance 27 with this chapter. This subsection shall not be construed to 28 deny, impair, or otherwise affect any right or authority of the 29 office of the attorney general or this state, acting under any 30 law other than this subsection, to institute or intervene in 31 any proceeding. 32 Sec. 5. NEW SECTION . 216F.5 Rules of construction. 33 1. This chapter shall be construed in favor of a broad 34 protection of free exercise of religious beliefs and moral 35 -6- LSB 5167XS (1) 88 pf/rh 6/ 10

S.F. 2193 convictions, to the maximum extent permitted by the terms of 1 this chapter and the Constitution of the State of Iowa and the 2 Constitution of the United States. 3 2. This chapter shall not be construed to prevent this state 4 from providing, either directly or through an individual or 5 entity not seeking protection under this chapter, any benefit 6 or service authorized under state law. 7 3. This chapter shall not be construed to authorize a 8 medical provider, hospital, clinic, hospice program, or health 9 care facility to deny visitation, to refuse to recognize 10 an attorney in fact under a durable power of attorney for 11 health care pursuant to chapter 144B, or to refuse to provide 12 life-saving or emergency medical treatment necessary to cure 13 an illness or disease. 14 4. The protection of the free exercise of sincerely held 15 religious beliefs and moral convictions afforded by this 16 chapter is in addition to the protections provided under 17 federal law, state law, and the Constitution of the State of 18 Iowa and the Constitution of the United States. This chapter 19 shall not be construed to preempt or repeal any state or local 20 law that is equally or more protective of the free exercise 21 of sincerely held religious beliefs or moral convictions, and 22 this chapter shall not be construed to narrow the meaning 23 or application of any state or local law protecting the 24 free exercise of sincerely held religious beliefs or moral 25 convictions. 26 5. This chapter applies to, and in case of conflict 27 supersedes, any state law that impinges on the free exercise 28 of sincerely held religious beliefs and moral convictions 29 protected by this chapter, unless a conflicting state law is 30 expressly made exempt from the application of this chapter. 31 This chapter also applies to, and in cases of conflict 32 supersedes, any ordinance, rule, regulation, order, opinion, 33 decision, practice or other exercise of state authority that 34 impinges on the free exercise of sincerely held religious 35 -7- LSB 5167XS (1) 88 pf/rh 7/ 10

S.F. 2193 beliefs and moral convictions protected by this chapter. 1 Sec. 6. NEW SECTION . 216F.6 Severability. 2 If any provision of this chapter or the application 3 thereof to any person or circumstances is held invalid, the 4 invalidity shall not affect other provisions or applications 5 of this chapter which can be given effect without the invalid 6 provisions or application and, to this end, the provisions of 7 this chapter are severable. 8 Sec. 7. EFFECTIVE DATE. This Act takes effect thirty days 9 after enactment. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill establishes the “Protecting Freedom of Conscience 14 from Government Discrimination Act” and provides definitions. 15 The bill provides that the sincerely held religious beliefs 16 and moral convictions protected by the bill include: marriage 17 is or should be recognized as the union of one man and one 18 woman; the terms “male” and “female” refer to distinct and 19 immutable biological sexes that are determinable by anatomy 20 and genetics by the time of birth; and an unborn child is 21 recognized as fully human from the moment of conception and 22 life should be sacred and valued from the moment of conception. 23 The bill provides that notwithstanding any law to the 24 contrary, the state shall not take any discriminatory or 25 adverse action against a person, wholly or partially on the 26 basis that such person takes certain actions, as specified in 27 the bill, based upon the sincerely held religious beliefs and 28 moral convictions protected by the bill. 29 The bill specifies the discriminatory or adverse actions 30 prohibited by the state against a person protected under the 31 bill; and provides that a person may assert an actual or 32 threatened violation of the bill as a cause of action in any 33 judicial or administrative proceeding and obtain compensatory 34 damages, injunctive relief, declaratory relief, or any other 35 -8- LSB 5167XS (1) 88 pf/rh 8/ 10

S.F. 2193 appropriate relief. A person may bring an action to assert a 1 claim under the bill no later than two years after the date 2 the person knew or should have known that a discriminatory 3 or adverse action was taken against the person. Standing 4 to assert a claim or defense under the bill is governed by 5 the general rules of standing under the laws of this state. 6 Notwithstanding any provision of law to the contrary, an 7 action under the bill may be commenced, and relief may be 8 granted, in a court of this state without regard to whether the 9 person commencing the action has sought or exhausted available 10 administrative remedies. A prevailing party in an action under 11 the bill who establishes a violation of the bill is entitled 12 to recover reasonable attorney fees and costs. The office of 13 the attorney general may also bring an action for injunctive 14 or declaratory relief against this state to enforce compliance 15 with the bill. The bill is not to be construed to deny, impair, 16 or otherwise affect any right or authority of the office of the 17 attorney general or the state, acting under any law other than 18 the bill, to institute or intervene in any proceeding. 19 The bill is to be construed in favor of a broad protection of 20 the free exercise of sincerely held religious beliefs and moral 21 convictions, to the maximum extent permitted by the terms of 22 the bill and the Constitutions of the State of Iowa and of the 23 United States. The bill is not to be construed to prevent the 24 state from providing any benefit or service authorized under 25 state law. The bill is also not to be construed to authorize a 26 medical provider, hospital, clinic, hospice program, or health 27 care facility to deny visitation, to refuse to recognize an 28 attorney in fact under a durable power of attorney for health 29 care pursuant to Code chapter 144B, or to refuse to provide 30 life-saving or emergency medical treatment necessary to cure 31 illness or disease. The protection of the free exercise of 32 sincerely held religious beliefs and moral convictions afforded 33 by the bill is in addition to the protections provided under 34 federal law, state law, and the Constitutions of the State 35 -9- LSB 5167XS (1) 88 pf/rh 9/ 10

S.F. 2193 of Iowa and of the United States, and the bill is not to be 1 construed to preempt or repeal any state or local law that is 2 equally or more protective of the free exercise of sincerely 3 held religious beliefs or moral convictions or to narrow the 4 meaning or application of any state or local law protecting 5 the free exercise of sincerely held religious beliefs or moral 6 convictions. The bill applies to, and in case of conflict 7 supersedes, any state law that impinges on the free exercise 8 of sincerely held religious beliefs and moral convictions 9 protected by the bill, unless a conflicting state law is 10 expressly made exempt from the application of the bill. The 11 bill also applies to, and in cases of conflict supersedes, 12 any ordinance, rule, regulation, order, opinion, decision, 13 practice, or other exercise of state authority that impinges on 14 the free exercise of sincerely held religious beliefs and moral 15 convictions protected by the bill. 16 The provisions of the bill are severable. The bill takes 17 effect 30 days after enactment. 18 -10- LSB 5167XS (1) 88 pf/rh 10/ 10