Bill Text: IA HF2273 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act establishing the protecting freedom of conscience from government discrimination Act, and including effective date provisions.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2020-02-07 - Introduced, referred to Judiciary. H.J. 216. [HF2273 Detail]
Download: Iowa-2019-HF2273-Introduced.html
House
File
2273
-
Introduced
HOUSE
FILE
2273
BY
SALMON
,
FISHER
,
GASSMAN
,
SHIPLEY
,
WHEELER
,
KERR
,
GERHOLD
,
and
JACOBSEN
A
BILL
FOR
An
Act
establishing
the
protecting
freedom
of
conscience
from
1
government
discrimination
Act,
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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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
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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