SF 2130 (LSB 5789XS (3) 88)

SENATE FILE 2130

BY  GUTH

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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  595.3B  Application form and license —— sexual orientation disclosure.
   In addition to any other information contained in an application form for a marriage license and a marriage license, the application form and license shall contain the following information about the applicant’s sexual orientation as disclosed on the application form by each applicant. The application form shall include boxes for the applicant to check and choices in substantially the following form:
   Sexual Orientation (choose all that apply):
   ☐  Bisexual
   ☐  Heterosexual
   ☐  Homosexual
   ☐  Questioning or unsure
   ☐  An identity not listed: please specify..................
   A marriage license shall not be granted unless the required sexual orientation information is provided in this application form.
   Nondisclosure or misrepresentation of sexual orientation on the application form for a marriage license and on a license to marry constitutes fraudulent concealment of sexual orientation which shall be a factor in determining the custody arrangement that is in the best interest of a minor child pursuant to section 598.41 of the Iowa Code.
    Sec. 2.  Section 598.41, subsection 1, Code 2020, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0c.  Notwithstanding paragraph “a”, if the court finds in a dissolution action that fraudulent concealment of sexual orientation exists, as specified in subsection 3, paragraph “l”, a rebuttable presumption against the awarding of joint custody exists.
    Sec. 3.  Section 598.41, subsection 2, paragraphs c and d, Code 2020, are amended to read as follows:
   c.  A finding by the court that a history of domestic abuse exists, as specified in subsection 3, paragraph “j”, or a finding by the court in a dissolution action that fraudulent concealment of sexual orientation exists, as specified in subsection 3, paragraph “l”, which is not rebutted, shall outweigh consideration of any other factor specified in subsection 3 in the determination of the awarding of custody under this subsection.
   d.  Before ruling upon the joint custody petition in these cases, unless the court determines that a history of domestic abuse exists as specified in subsection 3, paragraph “j”, unless the court determines in a dissolution action that fraudulent concealment of sexual orientation exists as specified in subsection 3, paragraph “l”, or unless the court determines that direct physical harm or significant emotional harm to the child, other children, or a parent is likely to result, the court may require the parties to participate in custody mediation to determine whether joint custody is in the best interest of the child. The court may require the child’s participation in the mediation insofar as the court determines the child’s participation is advisable.
    Sec. 4.  Section 598.41, subsection 3, Code 2020, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  l.  In a dissolution action, whether fraudulent concealment of sexual orientation exists. Fraudulent concealment of sexual orientation is evidenced by nondisclosure or misrepresentation of a party’s sexual orientation at the time of the marriage to the other party on the party’s application form for a marriage license and on the party’s license to marry.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides for the existence of fraudulent concealment of sexual orientation at the time of a marriage as a factor, in a dissolution action, in determining the custody arrangement that is in the best interest of a child of the parties. Fraudulent concealment of sexual orientation is evidenced by nondisclosure or misrepresentation of a party’s sexual orientation, at the time of the marriage to the other party, on the party’s application form for a marriage license and on the party’s license to marry.
   The bill provides that in addition to any other information contained in an application form for a marriage license and a marriage license, the application form and license shall contain information about the applicant’s sexual orientation as disclosed on the application form by each applicant. The application form is to include boxes for the applicant to check to indicate the applicant’s sexual orientation, a statement that a marriage license shall not be granted if such information is not provided, and an explanation that nondisclosure or misrepresentation of sexual orientation on the form and license constitutes fraudulent concealment of sexual orientation and is a factor in determining the custody arrangement that is in the best interest of a minor child.
   The bill provides that in the determination of custody of a child of the parties in a dissolution action, if the court finds that fraudulent concealment of sexual orientation exists, a rebuttable presumption against the awarding of joint custody exists. Additionally, the bill provides that a finding by the court in a dissolution action that fraudulent concealment of sexual orientation exists, which is not rebutted, shall outweigh consideration of any other factor in the determination of the awarding of joint custody. The bill provides that if the court determines in a dissolution action that fraudulent concealment of sexual orientation exists, the court may forego the requirement that the parties participate in custody mediation to determine whether joint custody is in the best interest of the child.
   The bill provides that fraudulent concealment of sexual orientation is a factor, in a dissolution action, for a court to consider in determining the custody arrangement that is in the best interest of the child, and provides that fraudulent concealment of sexual orientation is evidenced by nondisclosure or misrepresentation of a party’s sexual orientation at the time of the marriage to the other party on the party’s application form for a marriage license and the party’s license to marry.