Iowa Senate Bill SSB1164

Iowa 2023-2024 Regular Session

• Introduced: 2/20/23
• Refer: 2/20/23

Caption

A bill for an act relating to the exercise of religion, and including effective date and applicability provisions.

Impact

Should SSB1164 become law, it will have immediate implications for state and local laws by preventing them from enacting measures that could restrict individual religious practices more than comparable secular activities. This could entail significant adjustments in how local governments legislate on issues that touch upon religious conduct, thereby potentially influencing a variety of local policies and ordinances. The inclusion of provisions for individuals who feel their religious rights have been infringed upon, allows them to seek damages, attorney fees, and injunctive relief against the offending governmental entity.

Summary

Senate Study Bill 1164, also known as the Religious Freedom Restoration Act, aims to bolster the protection of individuals' free exercise of religion by prohibiting governmental entities from substantially burdening that exercise. The bill introduces a compelling governmental interest test that requires courts to apply heightened scrutiny in cases involving religious freedom, ensuring that any government action imposing a burden on such exercise must serve a compelling governmental interest and be the least restrictive means of achieving that interest. This aligns with precedents established in notable Supreme Court cases, such as Sherbert v. Verner and Wisconsin v. Yoder.

Contention

Despite its intentions, the bill has generated discussions about the balance between protecting religious freedoms and maintaining necessary regulatory frameworks. Critics might argue that this could open the door for individuals or organizations to evade laws under the guise of religious expression, which could lead to inconsistencies in the application of laws that historically have served public interest regulations. Supporters, however, maintain that it is crucial to protect individual rights in the face of government action, asserting that the bill is a necessary enhancement of civil liberties.

Effectiveness

The bill is designed to ensure its provisions apply universally across all existing and future state and local laws, which raises questions about its compatibility with already established regulations. As such, it necessitates an examination of how these legal standards will coexist, particularly regarding laws aimed at public safety or welfare that may unintentionally conflict with the rights it seeks to protect.