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 lawCities & counties

Same legislation: HF 258, SF 508

Where it is now

  1. Done: IntroducedFebruary 6, 2019
  2. Done: SubcommitteeFebruary 13, 2019
  3. Done: Senate committeeMarch 6, 2019
  4. Skipped: Passes the SenateContinued as SF 508
  5. Next: House committee
  6. Next: Passes the House
  7. Next: To the Governor
  8. Next: Signed into law

Became SF 508 → Its progress continues under the new number. Go to SF 508 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

Senate subcommittee

Named February 13, 2019. It hasn’t reported yet.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

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.