HF 229: 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

What it does

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 government action cannot substantially burden a person’s exercise of religion unless the government demonstrates 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.

Lobbying · 6 for, 14 against

For: Informed Choice Iowa; Iowa Baptists For Biblical Values; Iowa Catholic Conference; Iowans for Medical Marijuana; The Family Leader; The Family Leader Foundation

Against: Cedar Rapids Metro Economic Alliance; City of Iowa City; Common Good Iowa; Council Bluffs Chamber of Commerce; Interfaith Alliance of Iowa Action Fund; Iowa Chamber Alliance; Iowa City Area Business Partnership; Iowa Coalition Against Domestic Violence; Iowa Safe Schools; Marshalltown Area Chamber of Commerce; One Iowa; One Iowa Action; and 2 more

In plain words

1. February 8, 2023Filed in the House and sent to the Judiciary committee