Bill Text: IA SF2194 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act establishing the protecting professional freedom of conscience from government discrimination Act, and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-11 - Subcommittee: Zaun, Dawson, and Kinney. S.J. 275. [SF2194 Detail]
Download: Iowa-2019-SF2194-Introduced.html
Senate
File
2194
-
Introduced
SENATE
FILE
2194
BY
GUTH
A
BILL
FOR
An
Act
establishing
the
protecting
professional
freedom
of
1
conscience
from
government
discrimination
Act,
and
including
2
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
272C.12
Title.
1
This
subchapter
shall
be
known
and
may
be
cited
as
the
2
“Protecting
Professional
Freedom
of
Conscience
from
Government
3
Discrimination
Act”
.
4
Sec.
2.
NEW
SECTION
.
272C.13
Definitions.
5
As
used
in
this
subchapter,
unless
the
context
otherwise
6
requires:
7
1.
“Person”
means
an
individual
granted
a
license,
8
certification,
or
registration
by
the
state.
9
2.
“Religious
organization”
means
a
house
of
worship,
10
including
but
not
limited
to
churches,
synagogues,
shrines,
11
mosques,
and
temples,
or
a
religious
group,
corporation,
12
association,
school
or
educational
institution,
ministry,
13
order,
society
or
similar
entity,
regardless
of
whether
it
14
is
integrated
or
affiliated
with
a
church
or
other
house
of
15
worship.
16
3.
“State”
means
any
department,
commission,
board,
agency,
17
or
agent
of
the
state;
any
political
subdivision
of
the
state
18
and
any
department,
commission,
board,
agency,
or
agent
of
such
19
political
subdivision;
and
any
individual
or
entity
acting
20
under
color
of
state
law.
21
4.
“State
benefit
program”
means
any
program
administered
22
or
funded
by
the
state,
or
by
any
agent
on
behalf
of
the
state,
23
providing
cash,
vouchers,
payments,
grants,
contracts,
loans,
24
or
in-kind
assistance.
25
5.
“Unborn
child”
means
the
same
as
defined
in
section
26
146A.1.
27
Sec.
3.
NEW
SECTION
.
272C.14
Protection
of
the
free
28
exercise
of
religious
beliefs
and
moral
convictions.
29
1.
The
sincerely
held
religious
beliefs
and
moral
30
convictions
protected
by
this
subchapter
include
all
of
the
31
following:
32
a.
Marriage
is
or
should
be
recognized
as
the
union
of
one
33
man
and
one
woman.
34
b.
The
terms
“male”
and
“female”
refer
to
distinct
and
35
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immutable
biological
sexes
that
are
determinable
by
anatomy
and
1
genetics
by
the
time
of
birth.
2
c.
An
unborn
child
is
recognized
as
fully
human
from
the
3
moment
of
conception
and
life
should
be
sacred
and
valued
from
4
the
moment
of
conception.
5
2.
Notwithstanding
any
law
to
the
contrary,
the
state
shall
6
not
take
any
discriminatory
or
adverse
action
against
a
person,
7
wholly
or
partially,
on
the
basis
that
such
person
does
any
of
8
the
following:
9
a.
Solemnizes
or
declines
to
solemnize
any
marriage,
or
10
provides
or
declines
to
provide
services,
accommodations,
11
facilities,
goods,
or
privileges
for
a
purpose
related
to
12
the
solemnization,
formation,
celebration,
or
recognition
of
13
any
marriage,
based
upon
or
in
a
manner
consistent
with
a
14
sincerely
held
religious
belief
or
moral
conviction
described
15
in
subsection
1.
16
b.
Makes
any
employment-related
decision
including
but
not
17
limited
to
a
decision
whether
or
not
to
hire,
terminate,
or
18
discipline
another
person
whose
conduct
or
religious
beliefs
19
are
inconsistent
with
those
of
the
person,
based
upon
or
in
a
20
manner
consistent
with
a
sincerely
held
religious
belief
or
21
moral
conviction
described
in
subsection
1.
22
c.
Advertises,
provides,
or
facilitates
adoption
or
foster
23
care,
when
the
person
has
provided
or
declined
to
provide
any
24
adoption,
foster
care,
or
related
service
based
upon
or
in
a
25
manner
consistent
with
a
sincerely
held
religious
belief
or
26
moral
conviction
described
in
subsection
1.
27
d.
Declines
to
participate
in
the
provision
of
treatments,
28
counseling,
or
surgeries
related
to
sex
reassignment
or
29
gender
identity
transitioning
or
declines
to
participate
in
30
the
provision
of
psychological,
counseling,
or
fertility
31
services
based
upon
a
sincerely
held
religious
belief
or
moral
32
conviction
described
in
subsection
1.
33
e.
Establishes
sex-specific
standards
or
policies
concerning
34
employee
or
student
dress
or
grooming,
or
concerning
access
to
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restrooms,
spas,
baths,
showers,
dressing
rooms,
locker
rooms,
1
or
other
intimate
facilities
or
settings,
based
upon
or
in
a
2
manner
consistent
with
a
sincerely
held
religious
belief
or
3
moral
conviction
described
in
subsection
1.
4
f.
If
the
person
is
a
state
employee,
lawfully
speaks
5
or
engages
in
expressive
conduct
based
upon
or
in
a
manner
6
consistent
with
a
sincerely
held
religious
belief
or
moral
7
conviction
described
in
subsection
1,
if
any
of
the
following
8
applies:
9
(1)
The
state
employee’s
speech
or
expressive
conduct
10
occurs
in
the
workplace,
and
the
speech
or
expressive
conduct
11
is
consistent
with
the
time,
place,
manner
and
frequency
of
any
12
other
expression
of
a
religious,
political,
or
moral
belief
or
13
conviction
allowed.
14
(2)
The
state
employee’s
speech
or
expressive
conduct
15
occurs
outside
the
workplace,
and
the
speech
or
expressive
16
conduct
is
in
the
employee’s
personal
capacity
and
outside
the
17
course
of
performing
work
duties.
18
g.
(1)
If
the
person
is
employed
by
or
acting
on
behalf
19
of
the
state
and
is
authorized
to
license
marriages
and
seeks
20
recusal
from
licensing
legally
valid
marriages
based
upon
or
in
21
a
manner
consistent
with
a
sincerely
held
religious
belief
or
22
moral
conviction
described
in
subsection
1.
Any
person
making
23
such
recusal
shall
provide
prior
written
notice
to
the
state
24
registrar
of
vital
statistics
who
shall
keep
a
record
of
such
25
recusal.
The
person
providing
such
a
recusal
shall
take
all
26
necessary
steps
to
ensure
that
the
licensing
of
any
legally
27
valid
marriage
is
not
impeded
or
delayed
as
a
result
of
any
28
recusal.
29
(2)
If
the
person
is
employed
by
or
acting
on
behalf
of
30
the
state
and
is
authorized
to
perform
or
solemnize
marriages
31
including
but
not
limited
to
judges,
magistrates,
justices
of
32
the
peace
or
their
deputies,
and
seeks
recusal
from
performing
33
or
solemnizing
lawful
marriages
based
upon
or
in
a
manner
34
consistent
with
a
sincerely
held
religious
belief
or
moral
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conviction
described
in
subsection
1.
Any
person
providing
1
such
a
recusal
shall
provide
prior
written
notice
to
the
state
2
court
administrator.
The
state
court
administrator
shall
3
take
all
necessary
steps
to
ensure
that
the
performance
or
4
solemnization
of
any
legally
valid
marriage
is
not
impeded
or
5
delayed
as
a
result
of
any
recusal.
6
h.
Refuses
to
perform,
assist,
or
participate
in
a
medical
7
procedure
which
will
result
in
an
abortion
in
accordance
8
with
chapter
146
based
upon
or
in
a
manner
consistent
with
a
9
sincerely
held
religious
belief
or
moral
conviction
described
10
in
subsection
1.
11
3.
As
used
in
this
section,
“discriminatory
or
adverse
12
action”
means
any
action
taken
by
the
state
against
a
person
13
described
in
subsection
2
that
results
in
any
of
the
following:
14
a.
Applying
or
causing
to
be
applied,
a
fine,
penalty,
fee,
15
or
injunction
against
such
person.
16
b.
Withholding,
reducing,
excluding,
terminating,
17
materially
altering
the
terms
or
conditions
of,
or
otherwise
18
making
unavailable
or
denying
any
state
license,
certification,
19
registration,
accreditation,
title
protection,
or
other
similar
20
benefit,
position,
or
status
from
or
to
such
person.
21
c.
Refusing
to
hire
or
promote,
forcing
to
resign,
firing,
22
demoting,
sanctioning,
disciplining,
or
materially
altering
the
23
terms
or
conditions
of
employment,
or
retaliating
or
taking
any
24
other
adverse
employment
action
against
a
person
employed
or
25
commissioned
by
the
state.
26
d.
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,
30
registered,
or
certified
any
person
that
would
otherwise
be
31
accredited,
licensed,
registered,
or
certified,
respectively,
32
for
any
purposes
under
state
law
but
for
a
determination
33
against
such
person
wholly
or
partially
on
the
basis
that
34
the
person
believes,
speaks,
or
acts
in
accordance
with
a
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sincerely
held
religious
belief
or
moral
conviction
described
1
in
subsection
1.
2
Sec.
4.
NEW
SECTION
.
272C.15
Cause
of
action
and
relief
——
3
standing
——
attorney
fees
and
costs
——
state
enforcement.
4
1.
A
person
may
assert
an
actual
or
threatened
violation
5
of
this
subchapter
as
a
claim
or
defense
in
any
judicial
or
6
administrative
proceeding
and
obtain
compensatory
damages,
7
injunctive
relief,
declaratory
relief,
or
any
other
appropriate
8
relief.
Standing
to
assert
a
claim
or
defense
under
this
9
section
shall
be
governed
by
the
general
rules
of
standing
10
under
the
laws
of
this
state.
11
2.
A
person
may
bring
an
action
to
assert
a
claim
under
this
12
subchapter
no
later
than
two
years
after
the
date
the
person
13
knew
or
should
have
known
that
a
discriminatory
or
adverse
14
action
was
taken
against
the
person.
15
3.
Notwithstanding
any
provision
of
law
to
the
contrary,
an
16
action
under
this
section
may
be
commenced,
and
relief
may
be
17
granted,
in
a
court
of
this
state
without
regard
to
whether
the
18
person
commencing
the
action
has
sought
or
exhausted
available
19
administrative
remedies.
20
4.
In
any
action
or
proceeding
to
enforce
a
provision
of
21
this
subchapter,
a
prevailing
party
who
establishes
a
violation
22
of
this
subchapter
shall
be
entitled
to
recover
reasonable
23
attorney
fees
and
costs.
24
5.
In
addition
to
or
in
lieu
of
a
person
asserting
a
25
violation
of
this
subchapter
under
subsection
1,
the
office
of
26
the
attorney
general
may
also
bring
an
action
for
injunctive
27
or
declaratory
relief
against
this
state
to
enforce
compliance
28
with
this
subchapter.
This
subsection
shall
not
be
construed
29
to
deny,
impair,
or
otherwise
affect
any
right
or
authority
of
30
the
office
of
the
attorney
general
or
this
state,
acting
under
31
any
law
other
than
this
subsection,
to
institute
or
intervene
32
in
any
proceeding.
33
Sec.
5.
NEW
SECTION
.
272C.16
Rules
of
construction.
34
1.
This
subchapter
shall
be
construed
in
favor
of
a
broad
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protection
of
free
exercise
of
religious
beliefs
and
moral
1
convictions,
to
the
maximum
extent
permitted
by
the
terms
of
2
this
subchapter
and
the
Constitution
of
the
State
of
Iowa
and
3
the
Constitution
of
the
United
States.
4
2.
This
subchapter
shall
not
be
construed
to
prevent
this
5
state
from
providing,
either
directly
or
through
an
individual
6
or
entity
not
seeking
protection
under
this
chapter,
any
7
benefit
or
service
authorized
under
state
law.
8
3.
This
subchapter
shall
not
be
construed
to
authorize
9
a
medical
provider,
hospital,
clinic,
hospice
program,
or
10
health
care
facility
to
deny
visitation,
to
refuse
to
recognize
11
an
attorney
in
fact
under
a
durable
power
of
attorney
for
12
health
care
pursuant
to
chapter
144B,
or
to
refuse
to
provide
13
lifesaving
or
emergency
medical
treatment
necessary
to
cure
an
14
illness
or
disease.
15
4.
The
protection
of
the
free
exercise
of
sincerely
held
16
religious
beliefs
and
moral
convictions
afforded
by
this
17
subchapter
is
in
addition
to
the
protections
provided
under
18
federal
law,
state
law,
and
the
Constitution
of
the
State
19
of
Iowa
and
the
Constitution
of
the
United
States.
This
20
subchapter
shall
not
be
construed
to
preempt
or
repeal
any
21
state
or
local
law
that
is
equally
or
more
protective
of
the
22
free
exercise
of
sincerely
held
religious
beliefs
or
moral
23
convictions,
and
this
subchapter
shall
not
be
construed
to
24
narrow
the
meaning
or
application
of
any
state
or
local
law
25
protecting
the
free
exercise
of
sincerely
held
religious
26
beliefs
or
moral
convictions.
27
5.
This
subchapter
applies
to,
and
in
case
of
conflict
28
supersedes,
any
state
law
that
impinges
on
the
free
exercise
29
of
sincerely
held
religious
beliefs
and
moral
convictions
30
protected
by
this
subchapter,
unless
a
conflicting
state
law
is
31
expressly
made
exempt
from
the
application
of
this
subchapter.
32
This
subchapter
also
applies
to,
and
in
cases
of
conflict
33
supersedes,
any
ordinance,
rule,
regulation,
order,
opinion,
34
decision,
practice
or
other
exercise
of
state
authority
that
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impinges
on
the
free
exercise
of
sincerely
held
religious
1
beliefs
and
moral
convictions
protected
by
this
subchapter.
2
Sec.
6.
NEW
SECTION
.
272C.17
Severability.
3
If
any
provision
of
this
subchapter
or
the
application
4
thereof
to
any
person
or
circumstances
is
held
invalid,
the
5
invalidity
shall
not
affect
other
provisions
or
applications
of
6
this
subchapter
which
can
be
given
effect
without
the
invalid
7
provisions
or
application
and,
to
this
end,
the
provisions
of
8
this
chapter
are
severable.
9
Sec.
7.
CODE
EDITOR
DIRECTIVE.
10
1.
The
Code
editor
shall
establish
the
following
11
subchapters
in
chapter
272C:
12
a.
Subchapter
I,
entitled
“definitions”,
shall
be
comprised
13
of
section
272C.1.
14
b.
Subchapter
II,
entitled
“professional
regulation”,
shall
15
be
comprised
of
sections
272C.2
through
272C.11.
16
c.
Subchapter
III,
entitled
“professional
freedom
of
17
conscience
from
government
discrimination”,
shall
be
comprised
18
of
sections
272C.12
through
272C.17.
19
2.
The
Code
editor
shall
make
corresponding
changes
to
20
update
chapter
designations
to
subchapter
designations
in
21
section
272C.3,
subsection
1,
unnumbered
paragraph
1;
section
22
272C.3,
subsection
1,
paragraph
“a”;
section
272C.3,
subsection
23
2,
paragraph
“a”;
section
272C.4,
unnumbered
paragraph
1;
24
section
272C.6,
subsection
1;
section
272C.6,
subsection
6,
25
paragraph
“a”;
section
272C.7,
subsection
1;
section
272C.9,
26
subsection
4;
section
272C.10,
unnumbered
paragraph
1;
and
27
section
272C.10,
subsection
8.
28
Sec.
8.
EFFECTIVE
DATE.
This
Act
takes
effect
thirty
days
29
after
enactment.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
establishes
the
“Protecting
Professional
Freedom
34
of
Conscience
from
Government
Discrimination
Act”
and
provides
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definitions.
1
The
bill
provides
that
the
sincerely
held
religious
beliefs
2
and
moral
convictions
protected
by
the
bill
include:
marriage
3
is
or
should
be
recognized
as
the
union
of
one
man
and
one
4
woman;
the
terms
“male”
and
“female”
refer
to
distinct
and
5
immutable
biological
sexes
that
are
determinable
by
anatomy
6
and
genetics
by
the
time
of
birth;
and
an
unborn
child
is
7
recognized
as
fully
human
from
the
moment
of
conception
and
8
life
should
be
sacred
and
valued
from
the
moment
of
conception.
9
The
bill
provides
that
notwithstanding
any
law
to
the
10
contrary,
the
state
shall
not
take
any
discriminatory
11
or
adverse
action
against
a
person
holding
a
license,
12
certification,
or
registration
granted
by
the
state,
wholly
or
13
partially
on
the
basis
that
such
person
takes
certain
actions,
14
as
specified
in
the
bill,
based
upon
the
sincerely
held
15
religious
beliefs
and
moral
convictions
protected
by
the
bill.
16
The
bill
specifies
the
discriminatory
or
adverse
actions
17
prohibited
by
the
state
against
a
person
protected
under
18
the
bill
and
provides
that
a
person
may
assert
an
actual
or
19
threatened
violation
of
the
bill
as
a
cause
of
action
in
any
20
judicial
or
administrative
proceeding
and
obtain
compensatory
21
damages,
injunctive
relief,
declaratory
relief,
or
any
other
22
appropriate
relief.
A
person
may
bring
an
action
to
assert
a
23
claim
under
the
bill
no
later
than
two
years
after
the
date
24
the
person
knew
or
should
have
known
that
a
discriminatory
25
or
adverse
action
was
taken
against
the
person.
Standing
26
to
assert
a
claim
or
defense
under
the
bill
is
governed
by
27
the
general
rules
of
standing
under
the
laws
of
this
state.
28
Notwithstanding
any
provision
of
law
to
the
contrary,
an
29
action
under
the
bill
may
be
commenced,
and
relief
may
be
30
granted,
in
a
court
of
this
state
without
regard
to
whether
the
31
person
commencing
the
action
has
sought
or
exhausted
available
32
administrative
remedies.
A
prevailing
party
in
an
action
under
33
the
bill
who
establishes
a
violation
of
the
bill
is
entitled
34
to
recover
reasonable
attorney
fees
and
costs.
The
office
of
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the
attorney
general
may
also
bring
an
action
for
injunctive
1
or
declaratory
relief
against
this
state
to
enforce
compliance
2
with
the
bill.
The
bill
is
not
to
be
construed
to
deny,
impair,
3
or
otherwise
affect
any
right
or
authority
of
the
office
of
the
4
attorney
general
or
the
state,
acting
under
any
law
other
than
5
the
bill,
to
institute
or
intervene
in
any
proceeding.
6
The
bill
is
to
be
construed
in
favor
of
a
broad
protection
of
7
the
free
exercise
of
sincerely
held
religious
beliefs
and
moral
8
convictions,
to
the
maximum
extent
permitted
by
the
terms
of
9
the
bill
and
the
Constitutions
of
the
State
of
Iowa
and
of
the
10
United
States.
The
bill
is
not
to
be
construed
to
prevent
the
11
state
from
providing
any
benefit
or
service
authorized
under
12
state
law.
The
bill
is
also
not
to
be
construed
to
authorize
a
13
medical
provider,
hospital,
clinic,
hospice
program,
or
health
14
care
facility
to
deny
visitation,
to
refuse
to
recognize
an
15
attorney
in
fact
under
a
durable
power
of
attorney
for
health
16
care
pursuant
to
Code
chapter
144B,
or
to
refuse
to
provide
17
lifesaving
or
emergency
medical
treatment
necessary
to
cure
18
illness
or
disease.
The
protection
of
the
free
exercise
of
19
sincerely
held
religious
beliefs
and
moral
convictions
afforded
20
by
the
bill
is
in
addition
to
the
protections
provided
under
21
federal
law,
state
law,
and
the
Constitutions
of
the
State
22
of
Iowa
and
of
the
United
States,
and
the
bill
is
not
to
be
23
construed
to
preempt
or
repeal
any
state
or
local
law
that
is
24
equally
or
more
protective
of
the
free
exercise
of
sincerely
25
held
religious
beliefs
or
moral
convictions
or
to
narrow
the
26
meaning
or
application
of
any
state
or
local
law
protecting
27
the
free
exercise
of
sincerely
held
religious
beliefs
or
moral
28
convictions.
The
bill
applies
to,
and
in
case
of
conflict
29
supersedes,
any
state
law
that
impinges
on
the
free
exercise
30
of
sincerely
held
religious
beliefs
and
moral
convictions
31
protected
by
the
bill,
unless
a
conflicting
state
law
is
32
expressly
made
exempt
from
the
application
of
the
bill.
The
33
bill
also
applies
to,
and
in
cases
of
conflict
supersedes,
34
any
ordinance,
rule,
regulation,
order,
opinion,
decision,
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practice,
or
other
exercise
of
state
authority
that
impinges
on
1
the
free
exercise
of
sincerely
held
religious
beliefs
and
moral
2
convictions
protected
by
the
bill.
3
The
bill
includes
a
Code
editor
directive
to
create
4
subchapters
in
Code
chapter
272C
and
make
revisions
in
Code
5
chapter
272C
as
a
consequence
of
creating
such
subchapters.
6
The
provisions
of
the
bill
are
severable.
The
bill
takes
7
effect
30
days
after
enactment.
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