Bill Text: IA HF101 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the granting of a marriage license when the parties are of the same gender and the related appellate jurisdiction of the supreme court.

Sponsorship: Partisan Bill (Republican 8)

Status: (Introduced - Dead) 2015-01-27 - Introduced, referred to Judiciary. H.J. 154. [HF101 Detail]

Download: Iowa-2015-HF101-Introduced.html

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House File 101 - Introduced




                                 HOUSE FILE       
                                 BY  HEARTSILL, HOLT,
                                     SALMON, GASSMAN,
                                     FISHER, SHEETS,
                                     KOOIKER, and WATTS

                                      A BILL FOR

  1 An Act relating to the granting of a marriage license when the
  2    parties are of the same gender and the related appellate
  3    jurisdiction of the supreme court.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1357YH (3) 86
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PAG LIN



  1  1    Section 1.  Section 595.3, Code 2015, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  6.  Where both parties are of the same
  1  4 gender.
  1  5    Sec. 2.  COUNTY REGISTRAR DUTIES AND CONSTITUTIONAL
  1  6 AMENDMENT.  Pursuant to section 595.3, subsection 6, as
  1  7 enacted in this Act, the county registrar shall not grant a
  1  8 marriage license where both parties are of the same gender
  1  9 until such time as an amendment to the Constitution of
  1 10 the State of Iowa defining marriage as the legal union of
  1 11 one man and one woman is submitted to the electorate for
  1 12 ratification. Following submission of such amendment to the
  1 13 electorate for ratification, if the amendment is ratified, the
  1 14 prohibition against a county registrar granting a marriage
  1 15 license to parties of the same gender shall continue to
  1 16 be enforced following the effective date of the amendment.
  1 17 Following submission of such amendment to the electorate for
  1 18 ratification, if the amendment is not ratified, section 595.3,
  1 19 subsection 6, as enacted in this Act, is repealed upon the
  1 20 official certification of the vote.
  1 21    Sec. 3.  APPELLATE JURISDICTION.  The supreme court shall
  1 22 not have appellate jurisdiction over any prohibitions or
  1 23 restrictions established by this Act relating to the granting
  1 24 of a marriage license in this state.
  1 25                           EXPLANATION
  1 26 The inclusion of this explanation does not constitute agreement with
  1 27 the explanation's substance by the members of the general assembly.
  1 28    This bill provides that a marriage license shall not be
  1 29 granted where both parties are of the same gender.  The bill
  1 30 directs that the county registrar shall not grant a marriage
  1 31 license where both parties are of the same gender until such
  1 32 time as an amendment to the Constitution of the State of Iowa
  1 33 defining marriage as the legal union of one man and one woman
  1 34 is submitted to the electorate for ratification.  Following
  1 35 submission of the  amendment to the electorate for ratification,
  2  1 if the amendment is not ratified, the provision prohibiting the
  2  2 granting of a marriage license where both parties are of the
  2  3 same gender is repealed upon the official certification of the
  2  4 vote.
  2  5    The bill also provides that the supreme court does not have
  2  6 appellate jurisdiction over any prohibitions or restrictions
  2  7 established by the bill relating to the granting of a marriage
  2  8 license in this state.
       LSB 1357YH (3) 86
       pf/rj