Iowa Senate Republicans pass ‘religious freedom’ bill

DES MOINES — Whether proposed legislation would strengthen protections for religious expression in Iowa or provide legal cover for discrimination was at the heart of an expansive and passionate debate Tuesday by state lawmakers at the Iowa Capitol.

The proposed legislation, Senate File 2095, is called by supporters the Religious Freedom Restoration Act. Under it, the government would have to prove there is a compelling state interest in pursuing legal action against individuals who claim their actions were an expression of religious freedom, and then that any legal remedy against them must be narrowly tailored.

Supporters say the bill is needed because, in their view, U.S. Supreme Court rulings have eroded religious freedom protections that were passed into federal law in 1993.

The federal law applies only to the federal government, but at least two dozen states have passed state-level versions of the legislation.

The Iowa Senate debated the proposed legislation for nearly 90 minutes Tuesday before approving it, with all Republicans voting in favor and all Democrats voting against.

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“This is a defensive measure,” said Sen. Jeff Taylor, a Republican from Sioux Center. “The courts have eaten away at religious freedom nationally, and that applies to our state as well. This is a defensive mechanism saying we need to prioritize the First Amendment.”

During debate, Democrats warned that such a law would give individuals legal cover to discriminate against others, especially minority religions and LGBTQ people, using religious freedom as a defense.

“Religious freedom is important. Those of us who are members of minority religious communities are particularly cognizant of that,” said Sen. Janice Weiner, a Democrat from Iowa City who is Jewish. “The rule of law is also important. We cannot create exemptions that encourage people to pick and choose which laws they will follow.”

Weiner introduced an amendment that would have inserted into the bill protections against discrimination as prescribed in the Iowa Civil Rights Act. That proposed amendment was defeated along party lines.

The amendment “would clarify that RFRA is intended to protect religious freedom, and at the same time avoid RFRA from being used to discriminate or to impose one person’s or group’s religious beliefs on others and thereby sidestep non-discrimination laws,” Weiner said. “It would restore the original intent of the RFRA laws, ensuring that religious freedom is used as a shield, not a sword.”

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Sen. Jason Schultz, a Republican from Schleswig who managed the bill in the Senate, said the measure is needed because he believes in the original intent of the 1993 federal law — which was passed by a Democrat-majority Congress and signed by Democratic President Bill Clinton. He said the Democratic Party’s motivations have changed in the three decades since that law was passed.

Schultz also pushed back at Democrats’ arguments that the legislation would lead to state-sanctioned discrimination, calling some of the arguments during debate “drama soup.” He also asserted there has never been a case of a similar religious freedom law being used to target “LGBT and whatever else is accepted anymore.”

“It’s never been that. It’s never been used for that,” Schultz said. “We’re restoring the original intent of the First Amendment as interpreted by the Supreme Court.”

Versions of Iowa Republicans’ religious freedom bill have been introduced in the Senate annually since at least 2018. This is the first time the bill passed out of the chamber.

With its passage out of the Senate, SF 2095 is eligible for consideration in the House.

Public funding for church-managed programs

Counties and townships would be allowed to devote money to religious organizations for public services under a bill that passed out of the House with bipartisan support.

The bill, House File 2264, would allow church-managed organizations to receive public money if it is for a project “that benefits the public and does not require any religious or secular services, educational programs, or participation requirements.” Rep. Anne Osmundson, a Republican from Volga, said the bill would allow public support for projects like food pantries and homeless shelters.

The bill passed Tuesday near-unanimously in the House, with a vote of 93-2. Democratic Reps. Elinor Levin of Iowa City and Megan Srinivas of Des Moines voted against the bill.

“This is a good bill. It’s also going to be able to help individual nonprofits,” said Rep. Ako Abdul-Samad, a Democrat from Des Moines. “It’s also going to be able to bring cities and nonprofits together to make sure that they’re serving the people.”

The bill now heads to the Iowa Senate, where it will need to pass and be signed by Iowa Gov. Kim Reynolds before becoming law.

Comments: (515) 355-1300, erin.murphy@thegazette.com