Iowa Senate File 2170, An Act Prohibiting Burdening Free Exercise Of Religion

Senate File 2170 — Provides damages, injunctive relief against government entities that burden religious freedom.

Video of today’s hearing on this relevant to religious marijuana freedoms bill, SF 2170, will be up on WeedPress shortly.

Here’s the text in the meantime. To watch the unedited video of today’s hearing — peyote was discussed by a Democrat — follow this link: https://www.legis.iowa.gov/committees/meetings/meetingsListComm?groupID=698&ga=89 At that link, where it says 02/15/2022 10:00 AM Adjourned — click on the video box there, and a popup will open to watch this bill yourself. My soccer coach from childhood is promoting this bill as a Senator, and it came on my radar, and is worth the time if you use any sacrament that is mind altering as a religious follower of the various psychedelic substance respecting religious paths — ie, DMT, peyote, ayahuasca, psilocybin, etc. Peyote was explicitly discussed in today’s hearing on SF 2170, so you see the relevance here.

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SF 2170 (LSB 5844XS (2) 89)

SENATE FILE 2170

BY  J. TAYLOR, SCHULTZ, GARRETT, WILLIAMS, GREEN, JOHNSON, and COSTELLO

A BILL FOR

An Act prohibiting the burdening of a person’s free exercise of religion.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  27D.1  Free exercise of religion —— government burdening prohibited.
   1.  Notwithstanding any other provision of law, a state agency, political subdivision, or any elected or appointed official or employee of this state or its political subdivisions shall not do any of the following:
   a.  Treat religious conduct more restrictively than comparable secular conduct because of alleged economic need or benefit.
   b.  Treat religious conduct more restrictively than any secular conduct of reasonably comparable risk.
   c.  Substantially burden a person’s exercise of religion unless applying the burden to that person’s exercise of religion in a particular situation is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling government interest.
   2.  Any person whose exercise of religion has been burdened in violation of this chapter may file an action for damages, injunctive relief, or other appropriate redress, or may assert such violation as a defense in a judicial or administrative proceeding. The plaintiff, if the prevailing party, may also recover reasonable attorney fees and costs.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a governmental entity from burdening a person’s free exercise of religion. The bill prohibits governmental entities from treating religious conduct more restrictively than any secular conduct of reasonably comparable risk or treating religious conduct more restrictively than comparable secular conduct because of alleged economic need or benefit. The bill provides that a governmental entity shall not substantially burden a person’s free exercise of religion unless the governmental entity can demonstrate that the action constituting or resulting in the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest.
   The bill provides that a person whose free exercise of religion has been burdened in violation of the bill may assert that violation as a claim or defense in a judicial or administrative proceeding, and provides that the governmental entity may be liable for actual damages, attorney fees, costs, and other appropriate remedies. The bill also allows the person to obtain injunctive relief against the governmental entity.