Bills › 88th General Assembly

HF 258Died when the session ended · February 6, 2019

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

Same legislation: SF 240, SF 508

Where it is now

  1. Done: IntroducedFebruary 6, 2019
  2. Skipped: SubcommitteeSkipped
  3. Done: House committeeMarch 6, 2019
  4. Stopped: Passes the HouseDied when the General Assembly ended
  5. Next: Senate committee
  6. Next: Passes the Senate
  7. Next: To the Governor
  8. 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.

Full bill text1

Iowa Code it changes

Creates§675.1§675.2§675.3§675.4§675.5§675.6

How the Code works2

Lobbying

5 for · 33 against · 7 undecided · Who →

Family tree

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 passage
    Nearly identical
  • HF 229 Relating to the standard of judicial review and providing a claim or defense when a state …
    90th General Assembly · In committee
    Very similar

Matched by wording or an identical title.