Iowa Senate passes 'religious freedom' bill that Democrats call 'blank check to discriminate'

The Iowa Senate has passed a bill that Republicans say will protect religious freedom, but that Democrats have described as a "blank check to discriminate" against LGBTQ Iowans and others.

The Senate voted 31-16 to pass Senate File 2095 on Tuesday. Every Republican present was in favor, while every Democrat was opposed.

Republicans have consistently introduced similar religious freedom bills since taking control of the House, Senate and governor's office in 2016, but Tuesday's vote was the first time such a proposal has passed the Senate.

"I believe that it is time for Iowa to add a religious freedom restoration act to our code," said Sen. Jason Schultz, R-Schleswig, the bill's floor manager.

Sen. Liz Bennett, D-Cedar Rapids, described the bill as an attack on the LGBTQ community.

"I stand before you today as a queer woman and an Iowan and I am proud to be both," she said. "And I am sick and tired of my community being the target of mean-spirited discriminatory bills written by Republican politicians."

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Bennett said she's been an evangelist for Iowa, encouraging people to move to the state. But she said the bill would take Iowa in the wrong direction.

"If this bill had been a law when I graduated, I would have had to think about whether an employer could have asked me intrusive questions about my private life and deny me employment or even fire me," she said. "I would have had to think about whether a landlord could deny me housing or evict me."

The legislation would say that state and local governments shall not "substantially burden" someone's exercise of religion unless it is in furtherance of a compelling government interest and the least restrictive means of pursuing that interest.

A person, corporation, church, foundation or other entity whose exercise of religion has been burdened would have the power to go to court to seek damages or other means of redressing the harm against them.

The bill defines exercise of religion as action "substantially motivated by one's sincerely held religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief."

Democrats raised concerns that people or businesses could use the law to circumvent civil rights laws by citing religious beliefs as justification to deny services, housing, employment or other public accommodations to LGBTQ Iowans or other minority groups.

"This legislation is not about restoring religious freedom at all," said Sen. Zach Wahls, D-Coralville. "This legislation is about allowing some people to cite their religious beliefs to violate the basic civil rights protections that all Iowans benefit from. This bill is a direct assault on the basic idea of equal protection under the law."

The federal government passed a "Religious Freedom Restoration Act" in 1993, and about two dozen states have their own version.

In one high-profile case, the U.S. Supreme Court ruled in 2014 that Hobby Lobby could cite a religious belief under the federal law to refuse to cover birth control for its employees' health insurance plans.

Schultz denied that Iowa's bill would enable discrimination.

"This bill only does three things," he said. "It gives you a cause of action to go to court. It gives the court instructions to apply a compelling interest test, and then if there is a compelling interest then it is the least restrictive means possible."

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Business groups have opposed similar bills in Iowa for years, and several business groups and chambers of commerce urged lawmakers not to pass this year's bill. Lobbyists registered against the bill include the Krause Group, the Technology Association of Iowa, Principal Financial Group and the Iowa Chamber Alliance.

Sen. Janice Weiner, D-Iowa City, said individuals and businesses in other states have used similar laws as "a blank check to discriminate."

Weiner said Iowa would lose out on economic opportunities and investments and struggle to attract workers seeking more welcoming states if the bill passes.

"When we’re facing a historic workforce crisis, we must do things that will draw people to Iowa, not push them away," she said.

Sen. Jeff Taylor, R-Sioux Center, said it seems like the bill's opponents see it as "some kind of a plot by conservative Christians to discriminate against people." But he said the legislation would benefit people of all faiths, not just conservative Christians.

"This is not religion specific," he said. "This is going to benefit everybody."

An identical version of the bill advanced through a committee in the Iowa House. It must still pass the full chamber before it could go to Gov. Kim Reynolds for her signature.

Stephen Gruber-Miller covers the Iowa Statehouse and politics for the Register. He can be reached by email at sgrubermil@registermedia.com or by phone at 515-284-8169. Follow him on Twitter at @sgrubermiller.