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 TLSB 5789XS (3) 88 pf/rh

S.F. 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 -1- LSB 5789XS (3) 88 pf/rh 1/ 4

S.F. 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 -2- LSB 5789XS (3) 88 pf/rh 2/ 4

S.F. 2130 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 -3- LSB 5789XS (3) 88 pf/rh 3/ 4

S.F. 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 -4- LSB 5789XS (3) 88 pf/rh 4/ 4