By attorney Emily Duffy
Senate File 2095, signed by the Governor on April 2, 2024, (SF 2095) adds Chapter 675 to the Iowa Code and is known as the Religious Freedom Restoration Act. SF 2095 also amended Iowa Code sections 331.301 (County Home Rule) and 364.1 (City Home Rule). Specifically, it amends the home rule statutes by prohibiting a County or City from enacting any law that would violate the Religious Freedom Restoration Act.
The Religious Freedom Restoration Act provides that state and local governments shall not substantially burden the exercise of religion unless it is in furtherance of a compelling government interest. “Substantially burden” is defined as:
[A]ny action that directly or indirectly constrains, inhibits, curtails, or denies the exercise of religion by any person or compels any action contrary to a person’s exercise of religion and includes but is not limited to withholding of benefits; assessment of criminal, civil, or administrative penalties; or exclusion from governmental programs or access to governmental facilities.
“Compelling governmental interest” as used in Iowa Code Chapter 675 is defined as, “a governmental interest of the highest order that cannot otherwise be achieved without burdening the exercise of religion.”
The law establishes a claim or defense for persons claiming the exercise of religion has been unlawfully burdened by the government. There are two primary grounds for a claim or defense: 1. The law does not further a compelling government interest, or 2. There is a compelling government interest but the least restrictive means were not utilized to further that interest. For purposes of the Act, “person” is defined broadly to include “any individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity.”
If a claim under the Religious Freedom Restoration Act is successful, a plaintiff is entitled to recover reasonable attorney fees and costs. SF 2095 is effective immediately and applies to all laws at the state and local level, including ordinances, rules, regulations, policies, and any other action by a public entity or public official.
About Ahlers & Cooney's Client Alerts
Our Client Alerts are intended to provide occasional general comments on new developments in Federal and State law and regulations which we believe might be of interest to our clients. The Client Alerts should not be considered opinions of Ahlers & Cooney, P.C., and are not intended to provide legal advice as a substitute for seeking professional counsel. Readers should not under any circumstance act upon the information in this publication without seeking specific professional counsel. Ahlers & Cooney will be pleased to provide additional details regarding any article upon request. Additional copies of this Client Alert may be obtained by contacting any attorney in the Firm or by visiting the Firm's website at www.ahlerslaw.com.
©2024 Ahlers & Cooney, P.C. All Rights Reserved.
NOTICE TO THE PUBLIC The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice does not mean that a lawyer is a specialist or expert in a field of law, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.