Bills › 88th General Assembly
Relating to the standard of judicial review and providing a claim or defense when a state action burdens a person’s exercise of religion, and including effective date provisions
Topics:Courts & civil law
Where it is now
- Done: IntroducedFebruary 6, 2019
- Skipped: SubcommitteeSkipped
- Done: House committeeMarch 6, 2019
- Stopped: Passes the HouseDied when the General Assembly ended
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
This bill relates to the standard of judicial review when a state action burdens a person’s exercise of religion. Under current law, a court is not required to apply heightened scrutiny when reviewing a law that burdens a person’s exercise of religion when such law is generally applicable. The bill provides that a court shall apply the compelling interest test set forth in Sherbert v. 398 (1963) and Wisconsin v. 205 (1972) in such cases, so that state action cannot substantially burden a person’s exercise of religion unless it is demonstrated that applying the law of general applicability is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest.
Read the full explanation
The bill provides that a person whose exercise of religion has been burdened by state action may assert such violation as a claim or defense in a judicial or administrative proceeding. The bill does not apply to the department of corrections, a district department of correctional services, a county jail, or other detention facility. The bill takes effect upon enactment.
Iowa Code it changes
Lobbying
5 for · 33 against · 7 undecided · Who →
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88th General Assembly
Picked up later
Earlier and later bills are matched by wording or an identical title.
Similar bills
- SF 436 Relating to the standard of judicial review and providing a claim or defense when a state …89th General Assembly · Subcommittee recommends passageNearly identical
- HF 229 Relating to the standard of judicial review and providing a claim or defense when a state …90th General Assembly · In committeeVery similar
Matched by wording or an identical title.