H.F. 170 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 1114YH (1) 89 pf/rh 1/ 10

H.F. 170 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. Advertises, provides, or facilitates adoption or foster 25 care, when the person has provided or declined to provide any 26 adoption, foster care, or related service based upon or in a 27 manner consistent with a sincerely held religious belief or 28 moral conviction described in subsection 1. 29 d. Guides, instructs, or raises a child, who has been 30 placed in the care or custody of the person as a foster or 31 adoptive child, based upon or in a manner consistent with a 32 sincerely held religious belief or moral conviction described 33 in subsection 1. 34 e. Declines to participate in the provision of treatments, 35 -2- LSB 1114YH (1) 89 pf/rh 2/ 10

H.F. 170 counseling, or surgeries related to sex reassignment or 1 gender identity transitioning or declines to participate in 2 the provision of psychological, counseling, or fertility 3 services based upon a sincerely held religious belief or moral 4 conviction described in subsection 1. 5 f. Establishes sex-specific standards or policies concerning 6 employee or student dress or grooming, or concerning access to 7 restrooms, spas, baths, showers, dressing rooms, locker rooms, 8 or other intimate facilities or settings, based upon or in a 9 manner consistent with a sincerely held religious belief or 10 moral conviction described in subsection 1. 11 g. If the person is a state employee, lawfully speaks 12 or engages in expressive conduct based upon or in a manner 13 consistent with a sincerely held religious belief or moral 14 conviction described in subsection 1, if any of the following 15 applies: 16 (1) The state employee’s speech or expressive conduct 17 occurs in the workplace, and the speech or expressive conduct 18 is consistent with the time, place, manner and frequency of any 19 other expression of a religious, political, or moral belief or 20 conviction allowed. 21 (2) The state employee’s speech or expressive conduct 22 occurs outside the workplace, and the speech or expressive 23 conduct is in the employee’s personal capacity and outside the 24 course of performing work duties. 25 h. (1) If the person is employed by or acting on behalf 26 of the state and is authorized to license marriages seeks 27 recusal from licensing legally valid marriages based upon or in 28 a manner consistent with a sincerely held religious belief or 29 moral conviction described in subsection 1. Any person making 30 such recusal shall provide prior written notice to the state 31 registrar of vital statistics who shall keep a record of such 32 recusal. The person providing such a recusal shall take all 33 necessary steps to ensure that the licensing of any legally 34 valid marriage is not impeded or delayed as a result of any 35 -3- LSB 1114YH (1) 89 pf/rh 3/ 10

H.F. 170 recusal. 1 (2) If the person is employed by or acting on behalf of 2 the state and is authorized to perform or solemnize marriages 3 including but not limited to judges, magistrates, justices of 4 the peace or their deputies, and seeks recusal from performing 5 or solemnizing lawful marriages based upon or in a manner 6 consistent with a sincerely held religious belief or moral 7 conviction described in subsection 1. Any person providing 8 such a recusal shall provide prior written notice to the state 9 court administrator. The state court administrator shall 10 take all necessary steps to ensure that the performance or 11 solemnization of any legally valid marriage is not impeded or 12 delayed as a result of any recusal. 13 i. Refuses to perform, assist, or participate in a medical 14 procedure which will result in an abortion in accordance 15 with chapter 146 based upon or in a manner consistent with a 16 sincerely held religious belief or moral conviction described 17 in subsection 1. 18 3. As used in this section, “discriminatory or adverse 19 action” means any action taken by the state against a person 20 described in subsection 2 that results in any of the following: 21 a. Altering in any way the tax treatment of, or causing 22 any tax, penalty, or payment to be assessed against, or 23 denying, delaying, revoking, or otherwise making unavailable 24 an exemption from taxation of such persons. To the extent 25 the state relies on the determination of a federal entity in 26 determining the tax treatment of a person, the determination 27 of the federal entity shall be imputed to the state under this 28 paragraph. 29 b. Applying or causing to be applied, a fine, penalty, fee, 30 or injunction against such person. 31 c. Disallowing, denying, or otherwise making unavailable a 32 deduction for state tax purposes of any charitable contribution 33 made to or by such person. 34 d. Withholding, reducing, excluding, terminating, 35 -4- LSB 1114YH (1) 89 pf/rh 4/ 10

H.F. 170 materially altering the terms or conditions of, or 1 otherwise making unavailable or denying any state grant, 2 contract, subcontract, cooperative agreement, guarantee, 3 loan, scholarship, diploma, grade, recognition, license, 4 certification, accreditation, custody award or agreement, or 5 other similar benefit, position, or status from or to such 6 person. 7 e. Withholding, reducing, excluding, terminating, or 8 otherwise making unavailable or denying any entitlement or 9 benefit under a state benefit program from or to such person. 10 f. Refusing to hire or promote, forcing to resign, firing, 11 demoting, sanctioning, disciplining, or materially altering the 12 terms or conditions of employment, or retaliating or taking any 13 other adverse employment action against a person employed or 14 commissioned by the state. 15 g. Withholding, reducing, excluding, terminating, or 16 otherwise making unavailable or denying access to or an 17 entitlement to state property, facilities, educational 18 institutions, speaking forums whether traditional, limited, or 19 nonpublic, or charitable fundraising campaigns from or to such 20 person. 21 h. Investigating or initiating an investigation, claim, or 22 administrative proceeding of such person, if that person would 23 not otherwise be subject to such action. 24 4. The state shall consider accredited, licensed, or 25 certified any person that would otherwise be accredited, 26 licensed, or certified, respectively, for any purposes under 27 state law but for a determination against such person wholly 28 or partially on the basis that the person believes, speaks, or 29 acts in accordance with a sincerely held religious belief or 30 moral conviction described in subsection 1. 31 Sec. 4. NEW SECTION . 216F.4 Cause of action and relief —— 32 standing —— attorney fees and costs —— state enforcement. 33 1. A person may assert an actual or threatened violation 34 of this chapter as a claim or defense in any judicial or 35 -5- LSB 1114YH (1) 89 pf/rh 5/ 10

H.F. 170 administrative proceeding and obtain compensatory damages, 1 injunctive relief, declaratory relief, or any other appropriate 2 relief. Standing to assert a claim or defense under this 3 section shall be governed by the general rules of standing 4 under the laws of this state. 5 2. A person may bring an action to assert a claim under this 6 chapter no later than two years after the date the person knew 7 or should have known that a discriminatory or adverse action 8 was taken against the person. 9 3. Notwithstanding any provision of law to the contrary, an 10 action under this section may be commenced, and relief may be 11 granted, in a court of this state without regard to whether the 12 person commencing the action has sought or exhausted available 13 administrative remedies. 14 4. In any action or proceeding to enforce a provision of 15 this chapter, a prevailing party who establishes a violation of 16 this chapter shall be entitled to recover reasonable attorney 17 fees and costs. 18 5. In addition to or in lieu of a person asserting a 19 violation of this chapter under subsection 1, the office of 20 the attorney general may also bring an action for injunctive 21 or declaratory relief against this state to enforce compliance 22 with this chapter. This subsection shall not be construed to 23 deny, impair, or otherwise affect any right or authority of the 24 office of the attorney general or this state, acting under any 25 law other than this subsection, to institute or intervene in 26 any proceeding. 27 Sec. 5. NEW SECTION . 216F.5 Rules of construction. 28 1. This chapter shall be construed in favor of a broad 29 protection of free exercise of religious beliefs and moral 30 convictions, to the maximum extent permitted by the terms of 31 this chapter and the Constitution of the State of Iowa and the 32 Constitution of the United States. 33 2. This chapter shall not be construed to prevent this state 34 from providing, either directly or through an individual or 35 -6- LSB 1114YH (1) 89 pf/rh 6/ 10

H.F. 170 entity not seeking protection under this chapter, any benefit 1 or service authorized under state law. 2 3. This chapter shall not be construed to authorize a 3 medical provider, hospital, clinic, hospice program, or health 4 care facility to deny visitation, to refuse to recognize 5 an attorney in fact under a durable power of attorney for 6 health care pursuant to chapter 144B, or to refuse to provide 7 life-saving or emergency medical treatment necessary to cure 8 an illness or disease. 9 4. The protection of the free exercise of sincerely held 10 religious beliefs and moral convictions afforded by this 11 chapter is in addition to the protections provided under 12 federal law, state law, and the Constitution of the State of 13 Iowa and the Constitution of the United States. This chapter 14 shall not be construed to preempt or repeal any state or local 15 law that is equally or more protective of the free exercise 16 of sincerely held religious beliefs or moral convictions, and 17 this chapter shall not be construed to narrow the meaning 18 or application of any state or local law protecting the 19 free exercise of sincerely held religious beliefs or moral 20 convictions. 21 5. This chapter applies to, and in case of conflict 22 supersedes, any state law that impinges on the free exercise 23 of sincerely held religious beliefs and moral convictions 24 protected by this chapter, unless a conflicting state law is 25 expressly made exempt from the application of this chapter. 26 This chapter also applies to, and in cases of conflict 27 supersedes, any ordinance, rule, regulation, order, opinion, 28 decision, practice or other exercise of state authority that 29 impinges on the free exercise of sincerely held religious 30 beliefs and moral convictions protected by this chapter. 31 Sec. 6. NEW SECTION . 216F.6 Severability. 32 If any provision of this chapter or the application 33 thereof to any person or circumstances is held invalid, the 34 invalidity shall not affect other provisions or applications 35 -7- LSB 1114YH (1) 89 pf/rh 7/ 10

H.F. 170 of this chapter which can be given effect without the invalid 1 provisions or application and, to this end, the provisions of 2 this chapter are severable. 3 Sec. 7. EFFECTIVE DATE. This Act takes effect thirty days 4 after enactment. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill establishes the “Protecting Freedom of Conscience 9 from Government Discrimination Act” and provides definitions. 10 The bill provides that the sincerely held religious beliefs 11 and moral convictions protected by the bill include: marriage 12 is or should be recognized as the union of one man and one 13 woman; the terms “male” and “female” refer to distinct and 14 immutable biological sexes that are determinable by anatomy 15 and genetics by the time of birth; and an unborn child is 16 recognized as fully human from the moment of conception and 17 life should be sacred and valued from the moment of conception. 18 The bill provides that notwithstanding any law to the 19 contrary, the state shall not take any discriminatory or 20 adverse action against a person, wholly or partially on the 21 basis that such person takes certain actions, as specified in 22 the bill, based upon the sincerely held religious beliefs and 23 moral convictions protected by the bill. 24 The bill specifies the discriminatory or adverse actions 25 prohibited by the state against a person protected under the 26 bill; and provides that a person may assert an actual or 27 threatened violation of the bill as a cause of action in any 28 judicial or administrative proceeding and obtain compensatory 29 damages, injunctive relief, declaratory relief, or any other 30 appropriate relief. A person may bring an action to assert a 31 claim under the bill no later than two years after the date 32 the person knew or should have known that a discriminatory 33 or adverse action was taken against the person. Standing 34 to assert a claim or defense under the bill is governed by 35 -8- LSB 1114YH (1) 89 pf/rh 8/ 10

H.F. 170 the general rules of standing under the laws of this state. 1 Notwithstanding any provision of law to the contrary, an 2 action under the bill may be commenced, and relief may be 3 granted, in a court of this state without regard to whether the 4 person commencing the action has sought or exhausted available 5 administrative remedies. A prevailing party in an action under 6 the bill who establishes a violation of the bill is entitled 7 to recover reasonable attorney fees and costs. The office of 8 the attorney general may also bring an action for injunctive 9 or declaratory relief against this state to enforce compliance 10 with the bill. The bill is not to be construed to deny, impair, 11 or otherwise affect any right or authority of the office of the 12 attorney general or the state, acting under any law other than 13 the bill, to institute or intervene in any proceeding. 14 The bill is to be construed in favor of a broad protection of 15 the free exercise of sincerely held religious beliefs and moral 16 convictions, to the maximum extent permitted by the terms of 17 the bill and the Constitutions of the State of Iowa and of the 18 United States. The bill is not to be construed to prevent the 19 state from providing any benefit or service authorized under 20 state law. The bill is also not to be construed to authorize a 21 medical provider, hospital, clinic, hospice program, or health 22 care facility to deny visitation, to refuse to recognize an 23 attorney in fact under a durable power of attorney for health 24 care pursuant to Code chapter 144B, or to refuse to provide 25 life-saving or emergency medical treatment necessary to cure 26 illness or disease. The protection of the free exercise of 27 sincerely held religious beliefs and moral convictions afforded 28 by the bill is in addition to the protections provided under 29 federal law, state law, and the Constitutions of the State 30 of Iowa and of the United States, and the bill is not to be 31 construed to preempt or repeal any state or local law that is 32 equally or more protective of the free exercise of sincerely 33 held religious beliefs or moral convictions or to narrow the 34 meaning or application of any state or local law protecting 35 -9- LSB 1114YH (1) 89 pf/rh 9/ 10

H.F. 170 the free exercise of sincerely held religious beliefs or moral 1 convictions. The bill applies to, and in case of conflict 2 supersedes, any state law that impinges on the free exercise 3 of sincerely held religious beliefs and moral convictions 4 protected by the bill, unless a conflicting state law is 5 expressly made exempt from the application of the bill. The 6 bill also applies to, and in cases of conflict supersedes, 7 any ordinance, rule, regulation, order, opinion, decision, 8 practice, or other exercise of state authority that impinges on 9 the free exercise of sincerely held religious beliefs and moral 10 convictions protected by the bill. 11 The provisions of the bill are severable. The bill takes 12 effect 30 days after enactment. 13 -10- LSB 1114YH (1) 89 pf/rh 10/ 10