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
Sponsored by the Senate Local Government Committee
Where it is now
- Done: IntroducedFebruary 6, 2019
- Done: SubcommitteeFebruary 13, 2019
- Done: Senate committeeMarch 6, 2019
- Stopped: Passes the SenateDied when the General Assembly ended
- Next: House committee
- Next: Passes the House
- 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
AI summary If a government rule makes it difficult for someone to practice their religion, courts would have to use a stricter test to decide if that rule is allowed. To keep a law that burdens religious practice, the government must prove it has a very important reason and is using the least restrictive way to achieve it. People can use this rule to defend themselves or make a claim in court or during legal meetings.1
Read the official explanation
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. 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 takes effect upon enactment.
Senate subcommittee
Named January 15, 2020. On February 13, 2020 it recommended passage.
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
Lobbying
5 for · 33 against · 7 undecided · Who →
Family tree
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.