Bill on religious freedom introduced in Iowa General Assembly

A+bill+on+religious+freedom+was+introduced+in+the+Iowa+Capitol+that+critics+say+could+allow+businesses+to+discriminate+in+providing+services.

A bill on religious freedom was introduced in the Iowa Capitol that critics say could allow businesses to discriminate in providing services.

Eli Harris

The Iowa Senate is currently debating a bill that advocates say would protect religious liberty but opponents argue would allow for greater discrimination in the business world.

Senate File 508 would require a heightened scrutiny standard for a legal case brought against a person who claims their actions to be in accordance with their religious convictions. If enacted, the legislation may make it easier for claims of religious freedom to be upheld in court.

The bill requires that proof of a compelling government interest must be shown if a burden will be placed on a person’s religious liberties. Any burdens imposed must be as unrestrictive as possible.

Sen. Dennis Guth, R-Klemme, an advocate of the bill, said Iowa is “lagging” behind the rest of the United States in terms of protecting religious freedom.

Twenty-one states have adopted legislation reinforcing the Religious Freedom Restoration Act of 1993. The current version before the Iowa Senate sub-committee is similar in construction to section three of the federal version.

Guth cited cases from the past in Iowa where religious freedom may have been motivation for introducing the legislation, including the denial of tenure for an Iowa State instructor, which the instructor said was due to his views on intelligent design. He also referenced the case of a couple that closed their business after being sued for refusing to host a same-sex wedding, citing their faith as the reason.

Mack Shelley, Iowa State professor and chair of the political science department, said the bill may also be a measure for Iowa Republicans to energize their base.

“It was just so clearly written to benefit conservative Christian groups,” Shelley said.

Despite what the original intent may have been, Shelley said he thought Iowa’s courts would apply it to all citizens because the bill does not mention a specific religion.

Neither Guth nor Shelley had confidence that the proposed legislation will ever be enacted.

Guth voiced doubt it would survive a committee vote. Shelley characterized the likelihood of it passing as “uncertain” because of the slim majority that Republicans hold in the Iowa House.

“There will be grandstanding all around,” Shelley said.

Shelley said Democrats from relatively rural areas might have to be careful in how they treat the legislation as they may face voter response in the next election, and Republicans would be in the same situation in swing counties.

Referring to Iowa Democrats, Shelley said, “They can make life difficult for the marginal Republican.”

Shelley raised potential issues with the legislation, estimating it would result in a loss of business for the state due to businesses not wanting an increased risk of lawsuits.

Guth disagreed.

“Around the world, the more religious freedom we have, the better economics are,” Guth said.