Does Iowa need a law protecting religious freedom?

An Iowa lawmaker says he wants to see the state enact a "religious freedom restoration" bill modeled after the Indiana law that sparked national controversy amid concerns it discriminated against the LGBTQ community.

"What we have now is we have the freedom to worship as long as you’re worshiping at your church all by yourself," said Sen. Dennis Guth, a Republican from Klamme who said he's planning to introduce the legislation. "… You’re allowed to have your faith as long as you keep it to yourself, where we really should be able to openly carry our faith."

Finding ways to enhance religious freedom has long been a priority for Iowa Republicans, though for years they've watched Democrats hold some of their efforts at bay. Now, after regaining control of the Senate for the first time since 2004, Senate Republicans say they're eager to take action on religious freedom and a host of other conservative issues.

But others fear that in their zeal to enact major changes, they may overreach and undermine future legislative efforts.

In the first four days of the session, which typically are marked by organizational meetings and ceremonial action, Senate Republicans have filed 60 pieces of legislation focused on issues such as abortion, gun rights and removing tenure for university professors. House Republicans have filed six bills, all of which are "housekeeping" bills related to legislative procedure.

"It’s a balance between being vigorous and seizing the opportunity, but not being hasty and missing the way," said Chuck Hurley, a lobbyist for the Christian conservative organization The Family Leader. "And that’s where I think this 'rights of conscience' (religious freedom restoration) issue is may be a quintessential example of that."

Hurley said his organization will always support religious freedom, but he hopes legislators move forward on such a potentially controversial issue with caution.

"I would say that it’s going to be very important that people of goodwill on all sides of various issues listen maybe more than talk, talk more than shout, and learn from those who’ve gone before us," he said.

Inspiration in Indiana

Guth said he's working on legislation in conjunction with the national advocacy group Alliance Defending Freedom that will be modeled after a bill signed in 2015 by then-Indiana governor and current Vice President-elect Mike Pence.

That bill originally said the government can't intrude on a person's religious liberty unless there's a compelling interest to do so and the government is imposing that burden in the least restrictive way.

Although legal experts were divided about the practical effects of the law, civil rights groups and others said they worried it would allow business owners to deny services to gay, lesbian, bisexual or transgender individuals on the basis of religion.

When a host of companies, athletics organizations and convention organizers threatened to pull their business from the state, Pence agreed to amend the bill, signing a "fix" that clarified it would not allow businesses to discriminate against the LGBT community.

Guth, though, said Indiana had it right the first time.

"I don’t think it does infringe on other people’s rights," he said. "If we have a difference of opinion … one of our feelings is maybe going to be offended. But it’s really not that I’ve taken away your right or you’ve taken away my right. Does any of us have a right to never be offended? I don’t think that’s a part of our Constitution."

Matt Sinovic, executive director of the advocacy group Progress Iowa, said the proposal is "about as extreme as it could get."

"It opens up sort of a Pandora’s box of unintended consequences where you could have … a business owner or a restaurateur reject service for an out-of-wedlock mother," he said. "You could have a whole variety of situations where using one’s religious beliefs to discriminate against another person could come into play."

According to the National Conference on State Legislatures, 21 states have enacted their own RFRA bills.

Kicking in the door, with caution

Senate Majority Leader Bill Dix's office did not return a request for comment about whether he would support such legislation.

But Dix has said often since the GOP took control of the Legislature in November that Senate Republicans plan to "kick the door in" at the statehouse by taking action on a wide range of conservative issues.

In the House, where Republicans have held the majority for six years, leaders said it's important to stay focused.

House Majority Leader Chris Hagenow, R-Windsor Heights, said a religious freedom bill is not part of the "bigger, thematic" things the caucus has discussed pursuing this session.

"I’ve heard a few members talk about it, but it hasn’t risen to any higher level than that yet," he said.

House Speaker Linda Upmeyer, R-Clear Lake, said House Republicans won't start filing bills in earnest until they've taken care of the 2017 budget.

Lower-than-expected revenue returns are forcing legislators to make about $110 million in program cuts in the current budget year. Gov. Terry Branstad made his proposals last week, but lawmakers must finalize the spending plan.

"I really don’t want people distracted by a lot of other things until we get that done," Upmeyer said. "…  Everybody’s working on things, so I anticipate we’ll have a lot more bills filed next week."