Bill Text: IA SF2130 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the consideration of fraudulent concealment of sexual orientation in a marriage application form and license to marry in the awarding of child custody.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-06 - Subcommittee: Chapman, Bisignano, and Sweeney. [SF2130 Detail]
Download: Iowa-2019-SF2130-Introduced.html
Senate
File
2130
-
Introduced
SENATE
FILE
2130
BY
GUTH
A
BILL
FOR
An
Act
relating
to
the
consideration
of
fraudulent
concealment
1
of
sexual
orientation
in
a
marriage
application
form
and
2
license
to
marry
in
the
awarding
of
child
custody.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2130
Section
1.
NEW
SECTION
.
595.3B
Application
form
and
license
1
——
sexual
orientation
disclosure.
2
In
addition
to
any
other
information
contained
in
an
3
application
form
for
a
marriage
license
and
a
marriage
license,
4
the
application
form
and
license
shall
contain
the
following
5
information
about
the
applicant’s
sexual
orientation
as
6
disclosed
on
the
application
form
by
each
applicant.
The
7
application
form
shall
include
boxes
for
the
applicant
to
check
8
and
choices
in
substantially
the
following
form:
9
Sexual
Orientation
(choose
all
that
apply):
10
☐
Bisexual
11
☐
Heterosexual
12
☐
Homosexual
13
☐
Questioning
or
unsure
14
☐
An
identity
not
listed:
please
specify..................
15
A
marriage
license
shall
not
be
granted
unless
the
required
16
sexual
orientation
information
is
provided
in
this
application
17
form.
18
Nondisclosure
or
misrepresentation
of
sexual
orientation
on
19
the
application
form
for
a
marriage
license
and
on
a
license
to
20
marry
constitutes
fraudulent
concealment
of
sexual
orientation
21
which
shall
be
a
factor
in
determining
the
custody
arrangement
22
that
is
in
the
best
interest
of
a
minor
child
pursuant
to
23
section
598.41
of
the
Iowa
Code.
24
Sec.
2.
Section
598.41,
subsection
1,
Code
2020,
is
amended
25
by
adding
the
following
new
paragraph:
26
NEW
PARAGRAPH
.
0c.
Notwithstanding
paragraph
“a”
,
if
the
27
court
finds
in
a
dissolution
action
that
fraudulent
concealment
28
of
sexual
orientation
exists,
as
specified
in
subsection
3,
29
paragraph
“l”
,
a
rebuttable
presumption
against
the
awarding
30
of
joint
custody
exists.
31
Sec.
3.
Section
598.41,
subsection
2,
paragraphs
c
and
d,
32
Code
2020,
are
amended
to
read
as
follows:
33
c.
A
finding
by
the
court
that
a
history
of
domestic
abuse
34
exists,
as
specified
in
subsection
3
,
paragraph
“j”
,
or
a
35
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2130
finding
by
the
court
in
a
dissolution
action
that
fraudulent
1
concealment
of
sexual
orientation
exists,
as
specified
in
2
subsection
3,
paragraph
“l”
,
which
is
not
rebutted,
shall
3
outweigh
consideration
of
any
other
factor
specified
in
4
subsection
3
in
the
determination
of
the
awarding
of
custody
5
under
this
subsection
.
6
d.
Before
ruling
upon
the
joint
custody
petition
in
these
7
cases,
unless
the
court
determines
that
a
history
of
domestic
8
abuse
exists
as
specified
in
subsection
3
,
paragraph
“j”
,
unless
9
the
court
determines
in
a
dissolution
action
that
fraudulent
10
concealment
of
sexual
orientation
exists
as
specified
in
11
subsection
3,
paragraph
“l”
,
or
unless
the
court
determines
12
that
direct
physical
harm
or
significant
emotional
harm
to
13
the
child,
other
children,
or
a
parent
is
likely
to
result,
14
the
court
may
require
the
parties
to
participate
in
custody
15
mediation
to
determine
whether
joint
custody
is
in
the
best
16
interest
of
the
child.
The
court
may
require
the
child’s
17
participation
in
the
mediation
insofar
as
the
court
determines
18
the
child’s
participation
is
advisable.
19
Sec.
4.
Section
598.41,
subsection
3,
Code
2020,
is
amended
20
by
adding
the
following
new
paragraph:
21
NEW
PARAGRAPH
.
l.
In
a
dissolution
action,
whether
22
fraudulent
concealment
of
sexual
orientation
exists.
23
Fraudulent
concealment
of
sexual
orientation
is
evidenced
24
by
nondisclosure
or
misrepresentation
of
a
party’s
sexual
25
orientation
at
the
time
of
the
marriage
to
the
other
party
on
26
the
party’s
application
form
for
a
marriage
license
and
on
the
27
party’s
license
to
marry.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
provides
for
the
existence
of
fraudulent
32
concealment
of
sexual
orientation
at
the
time
of
a
marriage
as
33
a
factor,
in
a
dissolution
action,
in
determining
the
custody
34
arrangement
that
is
in
the
best
interest
of
a
child
of
the
35
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parties.
Fraudulent
concealment
of
sexual
orientation
is
1
evidenced
by
nondisclosure
or
misrepresentation
of
a
party’s
2
sexual
orientation,
at
the
time
of
the
marriage
to
the
other
3
party,
on
the
party’s
application
form
for
a
marriage
license
4
and
on
the
party’s
license
to
marry.
5
The
bill
provides
that
in
addition
to
any
other
information
6
contained
in
an
application
form
for
a
marriage
license
and
7
a
marriage
license,
the
application
form
and
license
shall
8
contain
information
about
the
applicant’s
sexual
orientation
9
as
disclosed
on
the
application
form
by
each
applicant.
The
10
application
form
is
to
include
boxes
for
the
applicant
to
11
check
to
indicate
the
applicant’s
sexual
orientation,
a
12
statement
that
a
marriage
license
shall
not
be
granted
if
13
such
information
is
not
provided,
and
an
explanation
that
14
nondisclosure
or
misrepresentation
of
sexual
orientation
on
15
the
form
and
license
constitutes
fraudulent
concealment
of
16
sexual
orientation
and
is
a
factor
in
determining
the
custody
17
arrangement
that
is
in
the
best
interest
of
a
minor
child.
18
The
bill
provides
that
in
the
determination
of
custody
of
19
a
child
of
the
parties
in
a
dissolution
action,
if
the
court
20
finds
that
fraudulent
concealment
of
sexual
orientation
exists,
21
a
rebuttable
presumption
against
the
awarding
of
joint
custody
22
exists.
Additionally,
the
bill
provides
that
a
finding
by
23
the
court
in
a
dissolution
action
that
fraudulent
concealment
24
of
sexual
orientation
exists,
which
is
not
rebutted,
shall
25
outweigh
consideration
of
any
other
factor
in
the
determination
26
of
the
awarding
of
joint
custody.
The
bill
provides
that
if
27
the
court
determines
in
a
dissolution
action
that
fraudulent
28
concealment
of
sexual
orientation
exists,
the
court
may
29
forego
the
requirement
that
the
parties
participate
in
custody
30
mediation
to
determine
whether
joint
custody
is
in
the
best
31
interest
of
the
child.
32
The
bill
provides
that
fraudulent
concealment
of
sexual
33
orientation
is
a
factor,
in
a
dissolution
action,
for
a
court
34
to
consider
in
determining
the
custody
arrangement
that
is
in
35
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2130
the
best
interest
of
the
child,
and
provides
that
fraudulent
1
concealment
of
sexual
orientation
is
evidenced
by
nondisclosure
2
or
misrepresentation
of
a
party’s
sexual
orientation
at
3
the
time
of
the
marriage
to
the
other
party
on
the
party’s
4
application
form
for
a
marriage
license
and
the
party’s
license
5
to
marry.
6
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5789XS
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pf/rh
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