Bills › 90th 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 8, 2023
- Stopped: SubcommitteeDied when the General Assembly ended
- Next: House committee
- Next: Passes the House
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2024 session adjourned on April 19, 2024, 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 such a rule, the government must prove it has a very important reason for it and that there is no other way to achieve its goal without interfering with religion. People can use this rule to defend themselves or make a claim in court if they feel their religious freedom is being limited.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 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. The bill provides that a person whose exercise of religion has been burdened by government action may assert such violation as a claim or defense in a judicial or administrative proceeding. The bill takes effect upon enactment.
Iowa Code it changes
Lobbying
6 for · 14 against · 1 undecided · Who →
Family tree
Tried before
90th General Assembly
Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in 2 earlier General Assemblies. None got through a chamber.
- SF 436 Relating to the standard of judicial review and providing a claim or defense when a state …89th General Assembly · Subcommittee recommends passage · very similarCleared committee
- HF 258 Relating to the standard of judicial review and providing a claim or defense when a state …88th General Assembly · In committee · same titleCleared committee
- SF 240 Relating to the standard of judicial review and providing a claim or defense when a state …88th General Assembly · Renumbered as SF 508 · same titleCleared committee
- SF 508 Relating to the standard of judicial review and providing a claim or defense when a state …88th General Assembly · Approved by committee · very similarCleared committee
Matched by wording or an identical title.