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 TLSB 1357YH (3) 86 pf/rj

H.F. 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for 17 ratification, if the amendment is not ratified, section 595.3, 18 subsection 6, as enacted in this Act, is repealed upon the 19 official certification of the vote. 20 Sec. 3.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 -1- LSB 1357YH (3) 86 pf/rj 1/ 2

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 -2- LSB 1357YH (3) 86 pf/rj 2/ 2