House File 170 - Introduced
HOUSE FILE 170
BY SALMON
A BILL FOR
1 An Act establishing the protecting freedom of conscience from
2 government discrimination Act, and including effective date
3 provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. NEW SECTION. 216F.1 Title.
2 This chapter shall be known and may be cited as the
3 “Protecting Freedom of Conscience from Government Discrimination
4 Act”.
5 Sec. 2. NEW SECTION. 216F.2 Definitions.
6 As used in this chapter, unless the context otherwise
7 requires:
8 1. “Person” means an individual or a corporation, company,
9 sole proprietorship, partnership, society, club, organization,
10 agency, association, religious organization, or any employee,
11 agent, or volunteer of any of these entities.
12 2. “Religious organization” means a house of worship,
13 including but not limited to churches, synagogues, shrines,
14 mosques, and temples, or a religious group, corporation,
15 association, school or educational institution, ministry,
16 order, society or similar entity, regardless of whether it
17 is integrated or affiliated with a church or other house of
18 worship.
19 3. “State” means any department, commission, board, agency,
20 or agent of the state; any political subdivision of the state
21 and any department, commission, board, agency, or agent of such
22 political subdivision; and any individual or entity acting
23 under color of state law.
24 4. “State benefit program” means any program administered
25 or funded by the state, or by any agent on behalf of the state,
26 providing cash, vouchers, payments, grants, contracts, loans,
27 or in-kind assistance.
28 5. “Unborn child” means the same as defined in section
29 146A.1.
30 Sec. 3. NEW SECTION. 216F.3 Protection of the free exercise
31 of religious beliefs and moral convictions.
32 1. The sincerely held religious beliefs and moral
33 convictions protected by this chapter include all of the
34 following:
35 a. Marriage is or should be recognized as the union of one
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1 man and one woman.
2 b. The terms “male” and “female” refer to distinct and
3 immutable biological sexes that are determinable by anatomy and
4 genetics by the time of birth.
5 c. An unborn child is recognized as fully human from the
6 moment of conception and life should be sacred and valued from
7 the moment of conception.
8 2. Notwithstanding any law to the contrary, the state shall
9 not take any discriminatory or adverse action against a person,
10 wholly or partially, on the basis that such person does any of
11 the following:
12 a. Solemnizes or declines to solemnize any marriage, or
13 provides or declines to provide services, accommodations,
14 facilities, goods, or privileges for a purpose related to
15 the solemnization, formation, celebration, or recognition of
16 any marriage, based upon or in a manner consistent with a
17 sincerely held religious belief or moral conviction described
18 in subsection 1.
19 b. Makes any employment-related decision including but not
20 limited to a decision whether or not to hire, terminate, or
21 discipline another person whose conduct or religious beliefs
22 are inconsistent with those of the person, based upon or in a
23 manner consistent with a sincerely held religious belief or
24 moral conviction described in subsection 1.
25 c. Advertises, provides, or facilitates adoption or foster
26 care, when the person has provided or declined to provide any
27 adoption, foster care, or related service based upon or in a
28 manner consistent with a sincerely held religious belief or
29 moral conviction described in subsection 1.
30 d. Guides, instructs, or raises a child, who has been
31 placed in the care or custody of the person as a foster or
32 adoptive child, based upon or in a manner consistent with a
33 sincerely held religious belief or moral conviction described
34 in subsection 1.
35 e. Declines to participate in the provision of treatments,
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1 counseling, or surgeries related to sex reassignment or
2 gender identity transitioning or declines to participate in
3 the provision of psychological, counseling, or fertility
4 services based upon a sincerely held religious belief or moral
5 conviction described in subsection 1.
6 f. Establishes sex-specific standards or policies concerning
7 employee or student dress or grooming, or concerning access to
8 restrooms, spas, baths, showers, dressing rooms, locker rooms,
9 or other intimate facilities or settings, based upon or in a
10 manner consistent with a sincerely held religious belief or
11 moral conviction described in subsection 1.
12 g. If the person is a state employee, lawfully speaks
13 or engages in expressive conduct based upon or in a manner
14 consistent with a sincerely held religious belief or moral
15 conviction described in subsection 1, if any of the following
16 applies:
17 (1) The state employee’s speech or expressive conduct
18 occurs in the workplace, and the speech or expressive conduct
19 is consistent with the time, place, manner and frequency of any
20 other expression of a religious, political, or moral belief or
21 conviction allowed.
22 (2) The state employee’s speech or expressive conduct
23 occurs outside the workplace, and the speech or expressive
24 conduct is in the employee’s personal capacity and outside the
25 course of performing work duties.
26 h. (1) If the person is employed by or acting on behalf
27 of the state and is authorized to license marriages seeks
28 recusal from licensing legally valid marriages based upon or in
29 a manner consistent with a sincerely held religious belief or
30 moral conviction described in subsection 1. Any person making
31 such recusal shall provide prior written notice to the state
32 registrar of vital statistics who shall keep a record of such
33 recusal. The person providing such a recusal shall take all
34 necessary steps to ensure that the licensing of any legally
35 valid marriage is not impeded or delayed as a result of any
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1 recusal.
2 (2) If the person is employed by or acting on behalf of
3 the state and is authorized to perform or solemnize marriages
4 including but not limited to judges, magistrates, justices of
5 the peace or their deputies, and seeks recusal from performing
6 or solemnizing lawful marriages based upon or in a manner
7 consistent with a sincerely held religious belief or moral
8 conviction described in subsection 1. Any person providing
9 such a recusal shall provide prior written notice to the state
10 court administrator. The state court administrator shall
11 take all necessary steps to ensure that the performance or
12 solemnization of any legally valid marriage is not impeded or
13 delayed as a result of any recusal.
14 i. Refuses to perform, assist, or participate in a medical
15 procedure which will result in an abortion in accordance
16 with chapter 146 based upon or in a manner consistent with a
17 sincerely held religious belief or moral conviction described
18 in subsection 1.
19 3. As used in this section, “discriminatory or adverse
20 action” means any action taken by the state against a person
21 described in subsection 2 that results in any of the following:
22 a. Altering in any way the tax treatment of, or causing
23 any tax, penalty, or payment to be assessed against, or
24 denying, delaying, revoking, or otherwise making unavailable
25 an exemption from taxation of such persons. To the extent
26 the state relies on the determination of a federal entity in
27 determining the tax treatment of a person, the determination
28 of the federal entity shall be imputed to the state under this
29 paragraph.
30 b. Applying or causing to be applied, a fine, penalty, fee,
31 or injunction against such person.
32 c. Disallowing, denying, or otherwise making unavailable a
33 deduction for state tax purposes of any charitable contribution
34 made to or by such person.
35 d. Withholding, reducing, excluding, terminating,
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1 materially altering the terms or conditions of, or
2 otherwise making unavailable or denying any state grant,
3 contract, subcontract, cooperative agreement, guarantee,
4 loan, scholarship, diploma, grade, recognition, license,
5 certification, accreditation, custody award or agreement, or
6 other similar benefit, position, or status from or to such
7 person.
8 e. Withholding, reducing, excluding, terminating, or
9 otherwise making unavailable or denying any entitlement or
10 benefit under a state benefit program from or to such person.
11 f. Refusing to hire or promote, forcing to resign, firing,
12 demoting, sanctioning, disciplining, or materially altering the
13 terms or conditions of employment, or retaliating or taking any
14 other adverse employment action against a person employed or
15 commissioned by the state.
16 g. Withholding, reducing, excluding, terminating, or
17 otherwise making unavailable or denying access to or an
18 entitlement to state property, facilities, educational
19 institutions, speaking forums whether traditional, limited, or
20 nonpublic, or charitable fundraising campaigns from or to such
21 person.
22 h. Investigating or initiating an investigation, claim, or
23 administrative proceeding of such person, if that person would
24 not otherwise be subject to such action.
25 4. The state shall consider accredited, licensed, or
26 certified any person that would otherwise be accredited,
27 licensed, or certified, respectively, for any purposes under
28 state law but for a determination against such person wholly
29 or partially on the basis that the person believes, speaks, or
30 acts in accordance with a sincerely held religious belief or
31 moral conviction described in subsection 1.
32 Sec. 4. NEW SECTION. 216F.4 Cause of action and relief ——
33 standing —— attorney fees and costs —— state enforcement.
34 1. A person may assert an actual or threatened violation
35 of this chapter as a claim or defense in any judicial or
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1 administrative proceeding and obtain compensatory damages,
2 injunctive relief, declaratory relief, or any other appropriate
3 relief. Standing to assert a claim or defense under this
4 section shall be governed by the general rules of standing
5 under the laws of this state.
6 2. A person may bring an action to assert a claim under this
7 chapter no later than two years after the date the person knew
8 or should have known that a discriminatory or adverse action
9 was taken against the person.
10 3. Notwithstanding any provision of law to the contrary, an
11 action under this section may be commenced, and relief may be
12 granted, in a court of this state without regard to whether the
13 person commencing the action has sought or exhausted available
14 administrative remedies.
15 4. In any action or proceeding to enforce a provision of
16 this chapter, a prevailing party who establishes a violation of
17 this chapter shall be entitled to recover reasonable attorney
18 fees and costs.
19 5. In addition to or in lieu of a person asserting a
20 violation of this chapter under subsection 1, the office of
21 the attorney general may also bring an action for injunctive
22 or declaratory relief against this state to enforce compliance
23 with this chapter. This subsection shall not be construed to
24 deny, impair, or otherwise affect any right or authority of the
25 office of the attorney general or this state, acting under any
26 law other than this subsection, to institute or intervene in
27 any proceeding.
28 Sec. 5. NEW SECTION. 216F.5 Rules of construction.
29 1. This chapter shall be construed in favor of a broad
30 protection of free exercise of religious beliefs and moral
31 convictions, to the maximum extent permitted by the terms of
32 this chapter and the Constitution of the State of Iowa and the
33 Constitution of the United States.
34 2. This chapter shall not be construed to prevent this state
35 from providing, either directly or through an individual or
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1 entity not seeking protection under this chapter, any benefit
2 or service authorized under state law.
3 3. This chapter shall not be construed to authorize a
4 medical provider, hospital, clinic, hospice program, or health
5 care facility to deny visitation, to refuse to recognize
6 an attorney in fact under a durable power of attorney for
7 health care pursuant to chapter 144B, or to refuse to provide
8 life-saving or emergency medical treatment necessary to cure
9 an illness or disease.
10 4. The protection of the free exercise of sincerely held
11 religious beliefs and moral convictions afforded by this
12 chapter is in addition to the protections provided under
13 federal law, state law, and the Constitution of the State of
14 Iowa and the Constitution of the United States. This chapter
15 shall not be construed to preempt or repeal any state or local
16 law that is equally or more protective of the free exercise
17 of sincerely held religious beliefs or moral convictions, and
18 this chapter shall not be construed to narrow the meaning
19 or application of any state or local law protecting the
20 free exercise of sincerely held religious beliefs or moral
21 convictions.
22 5. This chapter applies to, and in case of conflict
23 supersedes, any state law that impinges on the free exercise
24 of sincerely held religious beliefs and moral convictions
25 protected by this chapter, unless a conflicting state law is
26 expressly made exempt from the application of this chapter.
27 This chapter also applies to, and in cases of conflict
28 supersedes, any ordinance, rule, regulation, order, opinion,
29 decision, practice or other exercise of state authority that
30 impinges on the free exercise of sincerely held religious
31 beliefs and moral convictions protected by this chapter.
32 Sec. 6. NEW SECTION. 216F.6 Severability.
33 If any provision of this chapter or the application
34 thereof to any person or circumstances is held invalid, the
35 invalidity shall not affect other provisions or applications
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1 of this chapter which can be given effect without the invalid
2 provisions or application and, to this end, the provisions of
3 this chapter are severable.
4 Sec. 7. EFFECTIVE DATE. This Act takes effect thirty days
5 after enactment.
6 EXPLANATION
7 The inclusion of this explanation does not constitute agreement with
8 the explanation’s substance by the members of the general assembly.
9 This bill establishes the “Protecting Freedom of Conscience
10 from Government Discrimination Act” and provides definitions.
11 The bill provides that the sincerely held religious beliefs
12 and moral convictions protected by the bill include: marriage
13 is or should be recognized as the union of one man and one
14 woman; the terms “male” and “female” refer to distinct and
15 immutable biological sexes that are determinable by anatomy
16 and genetics by the time of birth; and an unborn child is
17 recognized as fully human from the moment of conception and
18 life should be sacred and valued from the moment of conception.
19 The bill provides that notwithstanding any law to the
20 contrary, the state shall not take any discriminatory or
21 adverse action against a person, wholly or partially on the
22 basis that such person takes certain actions, as specified in
23 the bill, based upon the sincerely held religious beliefs and
24 moral convictions protected by the bill.
25 The bill specifies the discriminatory or adverse actions
26 prohibited by the state against a person protected under the
27 bill; and provides that a person may assert an actual or
28 threatened violation of the bill as a cause of action in any
29 judicial or administrative proceeding and obtain compensatory
30 damages, injunctive relief, declaratory relief, or any other
31 appropriate relief. A person m