H.F. 70 Section 1. Section 595.2, Code 2021, is amended to read as 1 follows: 2 595.2 Gender Eligible parties to a valid marriage —— age. 3 1. Only a marriage between a male and a female is valid 4 A party who otherwise meets the requirements of this chapter 5 for a valid marriage is eligible to marry any other such party 6 regardless of gender . 7 2. Additionally, a A marriage between a male and a female 8 two eligible parties is valid only if each is eighteen years 9 of age or older. However, if either or both of the parties 10 have not attained that age, the marriage may be valid under the 11 circumstances prescribed in this section . 12 3. If either party to a marriage falsely represents the 13 party’s self to be eighteen years of age or older at or before 14 the time the marriage is solemnized, the marriage is valid 15 unless the person who falsely represented their age chooses to 16 void the marriage by making their true age known and verified 17 by a birth certificate or other legal evidence of age in an 18 annulment proceeding initiated at any time before the person 19 reaches their eighteenth birthday. A child born of a marriage 20 voided under this subsection is legitimate. 21 4. A marriage license may be issued to a male and a female 22 two eligible parties either or both of whom are sixteen or 23 seventeen years of age if both of the following apply: 24 a. The parents of the underage party or parties certify 25 in writing that they consent to the marriage. If one of the 26 parents of any underage party to a proposed marriage is dead 27 or incompetent the certificate may be executed by the other 28 parent, if both parents are dead or incompetent the guardian 29 of the underage party may execute the certificate, and if 30 the parents are divorced the parent having legal custody may 31 execute the certificate ; and . 32 b. The certificate of consent of the parents, parent, or 33 guardian is approved by a judge of the district court or, 34 if both parents of any underage party to a proposed marriage 35 -1- LSB 1300HH (2) 89 pf/rh 1/ 3

H.F. 70 are dead, incompetent, or cannot be located and the party has 1 no guardian, the proposed marriage is approved by a judge 2 of the district court. A judge shall grant approval under 3 this subsection only if the judge finds the underage party or 4 parties capable of assuming the responsibilities of marriage 5 and that the marriage will serve the best interest of the 6 underage party or parties. Pregnancy alone does not establish 7 that the proposed marriage is in the best interest of the 8 underage party or parties, however, if pregnancy is involved 9 the court records which pertain to the fact that the female is 10 pregnant shall be sealed and available only to the parties to 11 the marriage or proposed marriage or to any interested party 12 securing an order of the court. 13 5. If a parent or guardian withholds consent, the judge upon 14 application of a party to a proposed marriage shall determine 15 if the consent has been unreasonably withheld. If the judge so 16 finds, the judge shall proceed to review the application under 17 subsection 4 , paragraph “b” . 18 Sec. 2. Section 595.19, Code 2021, is amended to read as 19 follows: 20 595.19 Void marriages. 21 1. Marriages between the following persons who are related 22 by blood are void: 23 a. Between a man and his father’s sister, mother’s sister, 24 daughter, sister, son’s daughter, daughter’s daughter, 25 brother’s daughter, or sister’s daughter. 26 b. Between a woman and her father’s brother, mother’s 27 brother, son, brother, son’s son, daughter’s son, brother’s 28 son, or sister’s son. 29 a. Between a party and the party’s aunt or uncle, child, 30 grandchild, sibling, niece, or nephew. 31 c. b. Between first cousins. 32 2. Marriages between persons either of whom has a husband 33 or wife spouse living are void, but, if the parties live and 34 cohabit together after the death or divorce of the former 35 -2- LSB 1300HH (2) 89 pf/rh 2/ 3

H.F. 70 husband or wife spouse , such marriage shall be valid. 1 Sec. 3. NEW SECTION . 598.21 Marriage codification. 2 Marriage is the legally recognized union of two eligible 3 parties. Terms relating to the marital relationship or 4 familial relationships shall be construed consistently with 5 this section for purposes throughout the law, whether in the 6 context of statute, administrative or court rule, government 7 policy, common law, or any other provisions or source of civil 8 or criminal law. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill provides that a party who otherwise meets the 13 requirements of Code chapter 595 (marriage) for a valid 14 marriage is eligible to marry any other such party regardless 15 of gender. 16 The bill provides for conforming changes in that Code 17 chapter to include provisions relating to void marriages to be 18 gender neutral. 19 The bill also provides that marriage is the legally 20 recognized union of two eligible parties and that terms 21 relating to the marital relationship or familial relationships 22 shall be construed consistently with this provision for 23 purposes throughout the law, whether in the context of statute, 24 administrative or court rule, government policy, common law, or 25 any other provisions or source of civil or criminal law. 26 -3- LSB 1300HH (2) 89 pf/rh 3/ 3