HOUSE FILE 330

BY  ALONS, MASSIE, SHAW, PEARSON, CHAMBERS, and DE BOEF

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

   Section 1.  Section 595.3, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  Where both parties are of the same gender.
   Sec. 2.  COUNTY REGISTRAR DUTIES AND CONSTITUTIONAL AMENDMENT.  Pursuant to section 595.3, subsection 6, as enacted in this Act, the county registrar shall not grant a marriage license where both parties are of the same gender until such time as an amendment to the Constitution of the State of Iowa defining marriage as the legal union of one man and one woman is submitted to the electorate for ratification. Following submission of such amendment to the electorate for ratification, if the amendment is ratified, the prohibition against a county registrar granting a marriage license to parties of the same gender shall continue to be enforced following the effective date of the amendment. Following submission of such amendment to the electorate for ratification, if the amendment is not ratified, section 595.3, subsection 6, as enacted in this Act, is repealed upon the official certification of the vote.
   Sec. 3.  APPELLATE JURISDICTION.  The supreme court shall not have appellate jurisdiction over any prohibitions or restrictions established by this Act relating to the granting of a marriage license in this state.
EXPLANATION
   This bill provides that no marriage license shall be granted where both parties are of the same gender. The bill directs that the county registrar shall not grant a marriage license where both parties are of the same gender until such time as an amendment to the Constitution of the State of Iowa defining marriage as the legal union of one man and one woman is submitted to the electorate for ratification. Following submission of the amendment to the electorate for ratification, if the amendment is not ratified, the provision prohibiting the granting of a marriage license where both parties are of the same gender is repealed upon the official certification of the vote.
   The bill also provides that the supreme court does not have appellate jurisdiction over any prohibitions or restrictions established by the bill relating to the granting of a marriage license in this state.