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House File 2164 - IntroducedA Bill ForAn Act 1relating to unfair practices involving access to areas
2of public accommodations or educational institutions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.7, subsection 2, paragraph a, Code
22018, is amended to read as follows:
3a. Any bona fide religious institution with respect to any
4qualifications the institution may impose based on religion,
5sexual orientation, or gender identity when such qualifications
6are related to a bona fide religious purpose.
7 Sec. 2. Section 216.7, subsection 2, Code 2018, is amended
8by adding the following new paragraph:
9 NEW PARAGRAPH. c. An action to refuse or deny access to a
10toilet facility, locker room, living facility, or other area of
11a public accommodation designated for use by persons of one sex
12to a person of the other sex.
13 Sec. 3. Section 216.9, subsection 2, Code 2018, is amended
14to read as follows:
152. For the purpose of this section, “educational
16institution” includes any preschool, elementary or secondary
17school, community college, area education agency, or
18postsecondary college or university and their governing boards.
19This section does not prohibit an educational institution
20from maintaining separate toilet facilities, locker rooms,
21or living facilities for the different sexes so long as
22comparable facilities are provided. This section does not
23require an educational institution to allow access to toilet
24facilities, locker rooms, or living facilities designated for
25use by persons of one sex to a person of the other sex and
26does not allow the commission to pursue administrative or
27legal action against an educational institution that does not
28provide those rooms or facilities. Nothing in this section
29shall be construed as prohibiting any bona fide religious
30institution from imposing qualifications based on religion,
31sexual orientation, or gender identity when such qualifications
32are related to a bona fide religious purpose or any institution
33from admitting students of only one sex.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-1-1the explanation’s substance by the members of the general assembly.
2This bill amends the Iowa civil rights Act of 1965 contained
3in Code chapter 216. Code sections 216.7 and 216.9 relate to
4unfair practices regarding access to public accommodations
5and educational institutions. Current law allows a bona fide
6religious institution to impose qualifications for access to
7such accommodations and educational institutions when such
8qualifications are related to a bona fide religious purpose.
9The bill removes the requirement that the qualifications be
10related to a bona fide religious purpose.
11The bill excludes an action to refuse or deny access to a
12toilet facility, locker room, living facility, or other area
13of a public accommodation designated for use by persons of one
14sex to a person of the other sex from the activities which
15constitute unfair or discriminatory practices by a public
16accommodation under Code chapter 216.
17The bill also provides that an educational institution
18is not required to allow access to toilet facilities, locker
19rooms, or living facilities designated for use by persons of
20one sex to a person of the other sex and provides that the civil
21rights commission may not pursue administrative or legal action
22against an educational institution that does not provide those
23rooms or facilities.
-2-asf/rj
2of public accommodations or educational institutions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.7, subsection 2, paragraph a, Code
22018, is amended to read as follows:
3a. Any bona fide religious institution with respect to any
4qualifications the institution may impose based on religion,
5sexual orientation, or gender identity when such qualifications
6are related to a bona fide religious purpose.
7 Sec. 2. Section 216.7, subsection 2, Code 2018, is amended
8by adding the following new paragraph:
9 NEW PARAGRAPH. c. An action to refuse or deny access to a
10toilet facility, locker room, living facility, or other area of
11a public accommodation designated for use by persons of one sex
12to a person of the other sex.
13 Sec. 3. Section 216.9, subsection 2, Code 2018, is amended
14to read as follows:
152. For the purpose of this section, “educational
16institution” includes any preschool, elementary or secondary
17school, community college, area education agency, or
18postsecondary college or university and their governing boards.
19This section does not prohibit an educational institution
20from maintaining separate toilet facilities, locker rooms,
21or living facilities for the different sexes so long as
22comparable facilities are provided. This section does not
23require an educational institution to allow access to toilet
24facilities, locker rooms, or living facilities designated for
25use by persons of one sex to a person of the other sex and
26does not allow the commission to pursue administrative or
27legal action against an educational institution that does not
28provide those rooms or facilities. Nothing in this section
29shall be construed as prohibiting any bona fide religious
30institution from imposing qualifications based on religion,
31sexual orientation, or gender identity when such qualifications
32are related to a bona fide religious purpose or any institution
33from admitting students of only one sex.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-1-1the explanation’s substance by the members of the general assembly.
2This bill amends the Iowa civil rights Act of 1965 contained
3in Code chapter 216. Code sections 216.7 and 216.9 relate to
4unfair practices regarding access to public accommodations
5and educational institutions. Current law allows a bona fide
6religious institution to impose qualifications for access to
7such accommodations and educational institutions when such
8qualifications are related to a bona fide religious purpose.
9The bill removes the requirement that the qualifications be
10related to a bona fide religious purpose.
11The bill excludes an action to refuse or deny access to a
12toilet facility, locker room, living facility, or other area
13of a public accommodation designated for use by persons of one
14sex to a person of the other sex from the activities which
15constitute unfair or discriminatory practices by a public
16accommodation under Code chapter 216.
17The bill also provides that an educational institution
18is not required to allow access to toilet facilities, locker
19rooms, or living facilities designated for use by persons of
20one sex to a person of the other sex and provides that the civil
21rights commission may not pursue administrative or legal action
22against an educational institution that does not provide those
23rooms or facilities.
-2-asf/rj