House
File
101
-
Introduced
HOUSE
FILE
101
BY
HEARTSILL
,
HOLT
,
SALMON
,
GASSMAN
,
FISHER
,
SHEETS
,
KOOIKER
,
and
WATTS
A
BILL
FOR
An
Act
relating
to
the
granting
of
a
marriage
license
when
the
1
parties
are
of
the
same
gender
and
the
related
appellate
2
jurisdiction
of
the
supreme
court.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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101
Section
1.
Section
595.3,
Code
2015,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
6.
Where
both
parties
are
of
the
same
3
gender.
4
Sec.
2.
COUNTY
REGISTRAR
DUTIES
AND
CONSTITUTIONAL
5
AMENDMENT.
Pursuant
to
section
595.3,
subsection
6,
as
6
enacted
in
this
Act,
the
county
registrar
shall
not
grant
a
7
marriage
license
where
both
parties
are
of
the
same
gender
8
until
such
time
as
an
amendment
to
the
Constitution
of
9
the
State
of
Iowa
defining
marriage
as
the
legal
union
of
10
one
man
and
one
woman
is
submitted
to
the
electorate
for
11
ratification.
Following
submission
of
such
amendment
to
the
12
electorate
for
ratification,
if
the
amendment
is
ratified,
the
13
prohibition
against
a
county
registrar
granting
a
marriage
14
license
to
parties
of
the
same
gender
shall
continue
to
15
be
enforced
following
the
effective
date
of
the
amendment.
16
Following
submission
of
such
amendment
to
the
electorate
for
17
ratification,
if
the
amendment
is
not
ratified,
section
595.3,
18
subsection
6,
as
enacted
in
this
Act,
is
repealed
upon
the
19
official
certification
of
the
vote.
20
Sec.
3.
APPELLATE
JURISDICTION.
The
supreme
court
shall
21
not
have
appellate
jurisdiction
over
any
prohibitions
or
22
restrictions
established
by
this
Act
relating
to
the
granting
23
of
a
marriage
license
in
this
state.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
provides
that
a
marriage
license
shall
not
be
28
granted
where
both
parties
are
of
the
same
gender.
The
bill
29
directs
that
the
county
registrar
shall
not
grant
a
marriage
30
license
where
both
parties
are
of
the
same
gender
until
such
31
time
as
an
amendment
to
the
Constitution
of
the
State
of
Iowa
32
defining
marriage
as
the
legal
union
of
one
man
and
one
woman
33
is
submitted
to
the
electorate
for
ratification.
Following
34
submission
of
the
amendment
to
the
electorate
for
ratification,
35
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H.F.
101
if
the
amendment
is
not
ratified,
the
provision
prohibiting
the
1
granting
of
a
marriage
license
where
both
parties
are
of
the
2
same
gender
is
repealed
upon
the
official
certification
of
the
3
vote.
4
The
bill
also
provides
that
the
supreme
court
does
not
have
5
appellate
jurisdiction
over
any
prohibitions
or
restrictions
6
established
by
the
bill
relating
to
the
granting
of
a
marriage
7
license
in
this
state.
8
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