Bills › 90th General Assembly

HF 229Died when the session ended · February 8, 2023

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

  1. Done: IntroducedFebruary 8, 2023
  2. Stopped: SubcommitteeDied when the General Assembly ended
  3. Next: House committee
  4. Next: Passes the House
  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 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.

Full bill text2

Iowa Code it changes

Creates§675.1§675.2§675.3§675.4§675.5

How the Code works3

Lobbying

6 for · 14 against · 1 undecided · Who →

Family tree

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 similar
    Cleared 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 title
    Cleared 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 title
    Cleared 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 similar
    Cleared committee

Matched by wording or an identical title.