SF 2129 (LSB 5882XS (1) 90)

SENATE FILE 2129

BY  SALMON

A BILL FOR

An Act protecting religious liberty and state sovereignty relating to marriage.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  RELIGIOUS LIBERTY —— RECOGNITION OF MARRIAGE.  The state of Iowa recognizes freedom of religion as an unalienable right and recognizes the institution of marriage as a sacred religious sacrament that is inextricably and fundamentally bound with free exercise of that right. The state of Iowa also recognizes the deep historical and religious roots that uniformly defined and understood marriage to be the union between one male and female. Therefore, no resident of Iowa shall be compelled, coerced, or forced to recognize any same-sex unions or ceremonies as marriage, notwithstanding any laws to the contrary that may exist in other states, and no legal action, criminal or civil, shall be taken against citizens in Iowa for refusal or failure to recognize or participate in same-sex unions or ceremonies.
    Sec. 2.  RECOGNITION OF THE NULLITY OF CERTAIN FEDERAL ACTS RELATIVE TO THE STATE OF IOWA.  The state of Iowa considers certain elements of the federal Respect for Marriage Act, Pub. L. No. 117-228, relating to the definition of marriage to be null and void ab initio and to have no effect whatsoever in Iowa for the following reasons:
   1.  Any attempt by the federal entity to erect a legal definition of marriage plainly falls outside the enumerated powers of Article I, section 8, of the Constitution of the United States.
   2.  Any attempt by the federal entity including Congress to define or redefine marriage violates the establishment clause of the first amendment to the Constitution of the United States.
   3.  The Respect for Marriage Act violates the tenth amendment to the Constitution of the United States by encroaching upon state powers that are reserved to the states or to the people.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to protecting religious liberty and state sovereignty relating to marriage.
   The bill provides that the state of Iowa recognizes freedom of religion as an unalienable right and recognizes the institution of marriage as a sacred religious sacrament that is inextricably and fundamentally bound with free exercise of that right. The state of Iowa also recognizes the deep historical and religious roots that uniformly defined and understood marriage to be the union between one male and female. Therefore, no resident of Iowa shall be compelled, coerced, or forced to recognize any same-sex unions or ceremonies as marriage, notwithstanding any laws to the contrary that may exist in other states, and no legal action, criminal or civil, shall be taken against citizens in Iowa for refusal or failure to recognize or participate in same-sex unions or ceremonies.
   The bill also specifies reasons why the state of Iowa considers certain elements of the federal Respect for Marriage Act, Pub. L. No. 117-228, relating to the definition of marriage to be null and void ab initio and to have no effect whatsoever in Iowa.