House File 229 - Introduced HOUSE FILE 229 BY SHIPLEY A BILL FOR An Act relating to the standard of judicial review and 1 providing a claim or defense when a state action burdens a 2 person’s exercise of religion, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1424YH (3) 90 cm/ns

H.F. 229 Section 1. NEW SECTION . 675.1 Short title. 1 This chapter shall be known and may be cited as the 2 “Religious Freedom Restoration Act” . 3 Sec. 2. NEW SECTION . 675.2 Legislative purpose and intent. 4 The purpose and intent of this chapter is all of the 5 following: 6 1. To restore the compelling interest test as set forth 7 in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. 8 Yoder, 406 U.S. 205 (1972), and to guarantee its application in 9 all cases where the free exercise of religion is substantially 10 burdened by government action. 11 2. That this chapter be interpreted consistent with the 12 Religious Freedom Restoration Act of 1993, 42 U.S.C. §2000bb et 13 seq., federal case law, and federal jurisprudence. 14 3. To provide a claim or defense to a person whose exercise 15 of religion is substantially burdened by government action. 16 Sec. 3. NEW SECTION . 675.3 Definitions. 17 As used in this chapter, unless the context otherwise 18 requires: 19 1. “Demonstrates” means to meet the burdens of going forward 20 with the evidence and of persuasion. 21 2. “Exercise of religion” means the practice or observance 22 of religion, including any action that is motivated by a 23 sincerely held religious belief, whether or not the exercise is 24 compelled by, or central to, a system of religious belief. 25 3. “Government” includes a branch, department, agency, 26 instrumentality, political subdivision, official, or other 27 person acting under color of state law. 28 4. “State law” includes without limitation a law, ordinance, 29 or resolution of the state or a political subdivision of the 30 state. 31 Sec. 4. NEW SECTION . 675.4 Free exercise of religion 32 protected. 33 1. Government shall not substantially burden a person’s 34 exercise of religion, even if the burden results from a rule 35 -1- LSB 1424YH (3) 90 cm/ns 1/ 3

H.F. 229 of general applicability, unless the government demonstrates 1 that applying the burden to that person’s exercise of religion 2 is in furtherance of a compelling governmental interest and 3 is the least restrictive means of furthering that compelling 4 governmental interest. 5 2. A person whose exercise of religion has been burdened 6 in violation of this chapter may assert such violation as a 7 claim or defense in a judicial or administrative proceeding 8 and obtain appropriate relief. Standing to assert a claim or 9 defense under this chapter shall be governed by the general 10 rules of standing under state and federal law. 11 Sec. 5. NEW SECTION . 675.5 Applicability. 12 This chapter applies to all state and local laws and the 13 implementation of state and local laws, whether statutory 14 or otherwise, and whether adopted before, on, or after the 15 effective date of this Act. 16 Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate 17 importance, takes effect upon enactment. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to the standard of judicial review when a 22 state action burdens a person’s exercise of religion. 23 Under current law, a court is not required to apply 24 heightened scrutiny when reviewing a law that burdens a 25 person’s exercise of religion when such law is generally 26 applicable. The bill provides that a court shall apply the 27 compelling interest test set forth in Sherbert v. Verner, 374 28 U.S. 398 (1963), and Wisconsin v. Yoder, 406 U.S. 205 (1972), 29 in such cases, so that government action cannot substantially 30 burden a person’s exercise of religion unless the government 31 demonstrates that applying the law of general applicability is 32 in furtherance of a compelling governmental interest and is 33 the least restrictive means of furthering that interest. The 34 bill provides that a person whose exercise of religion has been 35 -2- LSB 1424YH (3) 90 cm/ns 2/ 3

H.F. 229 burdened by government action may assert such violation as a 1 claim or defense in a judicial or administrative proceeding. 2 The bill takes effect upon enactment. 3 -3- LSB 1424YH (3) 90 cm/ns 3/ 3