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Iowa Bill #SF2052   View details of Bill | Go to Bill Online
Senate File 2052 - Introduced

SENATE FILE
BY McKINLEY

A BILL FOR

1 An Act providing for exemptions related to the solemnization
2 or validity of a marriage based on sincerely held religious
3 beliefs.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

PAGE LINE TEXT
1 1 Section 1. NEW SECTION. 595.21 Exemptions related to
1 2 solemnization or recognition of the validity of a marriage.
1 3 1. An individual, religious or denominational organization,
1 4 or a charitable or educational organization operated,
1 5 supervised, or controlled by or connected with a religious or
1 6 denominational organization, shall not be liable, penalized, or
1 7 denied benefits under the laws of this state or any political
1 8 subdivision of this state, including but not limited to
1 9 laws regarding employment discrimination, housing, public
1 10 accommodations, licensing, government contracts or grants, or
1 11 tax=exempt status, for refusing to solemnize any marriage,
1 12 for refusing to provide services, accommodations, advantages,
1 13 facilities, goods, or privileges related to the solemnization
1 14 of any marriage, or for refusing to treat as valid any
1 15 marriage, if such providing, solemnizing, or treating as valid
1 16 would cause such individual or organization to violate the
1 17 sincerely held religious beliefs of the individual or to which
1 18 the organization subscribes.
1 19 2. The exemptions provided pursuant to subsection 1 shall
1 20 not apply if either of the following conditions exists:
1 21 a. A government employee shall not refuse to assist in the
1 22 solemnization of any marriage under this section if another
1 23 government employee is not available and willing to so assist.
1 24 b. A refusal to provide services, accommodations,
1 25 advantages, facilities, goods, or privileges related to the
1 26 solemnization of any marriage shall not be protected under
1 27 this section if a party to the marriage is unable to obtain
1 28 any similar services, accommodations, advantages, facilities,
1 29 goods, or privileges elsewhere, and such inability to obtain
1 30 such similar services, accommodations, advantages, facilities,
1 31 goods, or privileges elsewhere constitutes a substantial
1 32 hardship.
1 33 EXPLANATION
1 34 This bill provides exemptions to certain individuals and
1 35 organizations related to solemnization and recognition of the
2 1 validity of marriages.
2 2 The bill provides that an individual, religious or
2 3 denominational organization, or a charitable or educational
2 4 organization operated, supervised, or controlled by or
2 5 connected with a religious or denominational organization,
2 6 shall not be liable, penalized, or denied benefits under
2 7 the laws of this state or any political subdivision of this
2 8 state, including but not limited to laws regarding employment
2 9 discrimination, housing, public accommodations, licensing,
2 10 government contracts or grants, or tax=exempt status, for
2 11 refusing to solemnize any marriage, for refusing to provide
2 12 services, accommodations, advantages, facilities, goods, or
2 13 privileges related to the solemnization of any marriage, or for
2 14 refusing to treat as valid any marriage, if such providing,
2 15 solemnizing, or treating as valid would cause such individual
2 16 or organization to violate the sincerely held religious beliefs
2 17 of the individual or to which the organization subscribes.
2 18 However, the exemptions do not apply; or in the case in which
2 19 a government employee refuses to assist in the solemnization
2 20 of a marriage, if another government employee is not available
2 21 and willing to so assist if the refusal to provide services,
2 22 accommodations, advantages, facilities, goods, or privileges
2 23 related to the solemnization of any marriage results in a party
2 24 to the marriage being unable to obtain any similar services,
2 25 accommodations, advantages, facilities, goods, or privileges
2 26 elsewhere, and this constitutes a substantial hardship.

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