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Senate File 2130 - IntroducedA Bill ForAn Act 1relating to the consideration of fraudulent concealment
2of sexual orientation in a marriage application form and
3license to marry in the awarding of child custody.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 595.3B Application form and license
2— sexual orientation disclosure.
3In addition to any other information contained in an
4application form for a marriage license and a marriage license,
5the application form and license shall contain the following
6information about the applicant’s sexual orientation as
7disclosed on the application form by each applicant. The
8application form shall include boxes for the applicant to check
9and choices in substantially the following form:
10Sexual Orientation (choose all that apply):
11Bisexual
12Heterosexual
13Homosexual
14Questioning or unsure
15An identity not listed: please specify..................
16A marriage license shall not be granted unless the required
17sexual orientation information is provided in this application
18form.
19Nondisclosure or misrepresentation of sexual orientation on
20the application form for a marriage license and on a license to
21marry constitutes fraudulent concealment of sexual orientation
22which shall be a factor in determining the custody arrangement
23that is in the best interest of a minor child pursuant to
24section 598.41 of the Iowa Code.
25 Sec. 2. Section 598.41, subsection 1, Code 2020, is amended
26by adding the following new paragraph:
27 NEW PARAGRAPH. 0c. Notwithstanding paragraph “a”, if the
28court finds in a dissolution action that fraudulent concealment
29of sexual orientation exists, as specified in subsection 3,
30paragraph “l”, a rebuttable presumption against the awarding
31of joint custody exists.
32 Sec. 3. Section 598.41, subsection 2, paragraphs c and d,
33Code 2020, are amended to read as follows:
34c. A finding by the court that a history of domestic abuse
35exists, as specified in subsection 3, paragraph “j”, or a
-1-1finding by the court in a dissolution action that fraudulent
2concealment of sexual orientation exists, as specified in
3subsection 3, paragraph “l”, which is not rebutted, shall
4outweigh consideration of any other factor specified in
5subsection 3 in the determination of the awarding of custody
6under this subsection.
7d. Before ruling upon the joint custody petition in these
8cases, unless the court determines that a history of domestic
9abuse exists as specified in subsection 3, paragraph “j”, unless
10the court determines in a dissolution action that fraudulent
11concealment of sexual orientation exists as specified in
12subsection 3, paragraph “l”, or unless the court determines
13that direct physical harm or significant emotional harm to
14the child, other children, or a parent is likely to result,
15the court may require the parties to participate in custody
16mediation to determine whether joint custody is in the best
17interest of the child. The court may require the child’s
18participation in the mediation insofar as the court determines
19the child’s participation is advisable.
20 Sec. 4. Section 598.41, subsection 3, Code 2020, is amended
21by adding the following new paragraph:
22 NEW PARAGRAPH. l. In a dissolution action, whether
23fraudulent concealment of sexual orientation exists.
24Fraudulent concealment of sexual orientation is evidenced
25by nondisclosure or misrepresentation of a party’s sexual
26orientation at the time of the marriage to the other party on
27the party’s application form for a marriage license and on the
28party’s license to marry.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill provides for the existence of fraudulent
33concealment of sexual orientation at the time of a marriage as
34a factor, in a dissolution action, in determining the custody
35arrangement that is in the best interest of a child of the
-2-1parties. Fraudulent concealment of sexual orientation is
2evidenced by nondisclosure or misrepresentation of a party’s
3sexual orientation, at the time of the marriage to the other
4party, on the party’s application form for a marriage license
5and on the party’s license to marry.
6The bill provides that in addition to any other information
7contained in an application form for a marriage license and
8a marriage license, the application form and license shall
9contain information about the applicant’s sexual orientation
10as disclosed on the application form by each applicant. The
11application form is to include boxes for the applicant to
12check to indicate the applicant’s sexual orientation, a
13statement that a marriage license shall not be granted if
14such information is not provided, and an explanation that
15nondisclosure or misrepresentation of sexual orientation on
16the form and license constitutes fraudulent concealment of
17sexual orientation and is a factor in determining the custody
18arrangement that is in the best interest of a minor child.
19The bill provides that in the determination of custody of
20a child of the parties in a dissolution action, if the court
21finds that fraudulent concealment of sexual orientation exists,
22a rebuttable presumption against the awarding of joint custody
23exists. Additionally, the bill provides that a finding by
24the court in a dissolution action that fraudulent concealment
25of sexual orientation exists, which is not rebutted, shall
26outweigh consideration of any other factor in the determination
27of the awarding of joint custody. The bill provides that if
28the court determines in a dissolution action that fraudulent
29concealment of sexual orientation exists, the court may
30forego the requirement that the parties participate in custody
31mediation to determine whether joint custody is in the best
32interest of the child.
33The bill provides that fraudulent concealment of sexual
34orientation is a factor, in a dissolution action, for a court
35to consider in determining the custody arrangement that is in
-3-1the best interest of the child, and provides that fraudulent
2concealment of sexual orientation is evidenced by nondisclosure
3or misrepresentation of a party’s sexual orientation at
4the time of the marriage to the other party on the party’s
5application form for a marriage license and the party’s license
6to marry.
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2of sexual orientation in a marriage application form and
3license to marry in the awarding of child custody.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 595.3B Application form and license
2— sexual orientation disclosure.
3In addition to any other information contained in an
4application form for a marriage license and a marriage license,
5the application form and license shall contain the following
6information about the applicant’s sexual orientation as
7disclosed on the application form by each applicant. The
8application form shall include boxes for the applicant to check
9and choices in substantially the following form:
10Sexual Orientation (choose all that apply):
11Bisexual
12Heterosexual
13Homosexual
14Questioning or unsure
15An identity not listed: please specify..................
16A marriage license shall not be granted unless the required
17sexual orientation information is provided in this application
18form.
19Nondisclosure or misrepresentation of sexual orientation on
20the application form for a marriage license and on a license to
21marry constitutes fraudulent concealment of sexual orientation
22which shall be a factor in determining the custody arrangement
23that is in the best interest of a minor child pursuant to
24section 598.41 of the Iowa Code.
25 Sec. 2. Section 598.41, subsection 1, Code 2020, is amended
26by adding the following new paragraph:
27 NEW PARAGRAPH. 0c. Notwithstanding paragraph “a”, if the
28court finds in a dissolution action that fraudulent concealment
29of sexual orientation exists, as specified in subsection 3,
30paragraph “l”, a rebuttable presumption against the awarding
31of joint custody exists.
32 Sec. 3. Section 598.41, subsection 2, paragraphs c and d,
33Code 2020, are amended to read as follows:
34c. A finding by the court that a history of domestic abuse
35exists, as specified in subsection 3, paragraph “j”, or a
-1-1finding by the court in a dissolution action that fraudulent
2concealment of sexual orientation exists, as specified in
3subsection 3, paragraph “l”, which is not rebutted, shall
4outweigh consideration of any other factor specified in
5subsection 3 in the determination of the awarding of custody
6under this subsection.
7d. Before ruling upon the joint custody petition in these
8cases, unless the court determines that a history of domestic
9abuse exists as specified in subsection 3, paragraph “j”, unless
10the court determines in a dissolution action that fraudulent
11concealment of sexual orientation exists as specified in
12subsection 3, paragraph “l”, or unless the court determines
13that direct physical harm or significant emotional harm to
14the child, other children, or a parent is likely to result,
15the court may require the parties to participate in custody
16mediation to determine whether joint custody is in the best
17interest of the child. The court may require the child’s
18participation in the mediation insofar as the court determines
19the child’s participation is advisable.
20 Sec. 4. Section 598.41, subsection 3, Code 2020, is amended
21by adding the following new paragraph:
22 NEW PARAGRAPH. l. In a dissolution action, whether
23fraudulent concealment of sexual orientation exists.
24Fraudulent concealment of sexual orientation is evidenced
25by nondisclosure or misrepresentation of a party’s sexual
26orientation at the time of the marriage to the other party on
27the party’s application form for a marriage license and on the
28party’s license to marry.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill provides for the existence of fraudulent
33concealment of sexual orientation at the time of a marriage as
34a factor, in a dissolution action, in determining the custody
35arrangement that is in the best interest of a child of the
-2-1parties. Fraudulent concealment of sexual orientation is
2evidenced by nondisclosure or misrepresentation of a party’s
3sexual orientation, at the time of the marriage to the other
4party, on the party’s application form for a marriage license
5and on the party’s license to marry.
6The bill provides that in addition to any other information
7contained in an application form for a marriage license and
8a marriage license, the application form and license shall
9contain information about the applicant’s sexual orientation
10as disclosed on the application form by each applicant. The
11application form is to include boxes for the applicant to
12check to indicate the applicant’s sexual orientation, a
13statement that a marriage license shall not be granted if
14such information is not provided, and an explanation that
15nondisclosure or misrepresentation of sexual orientation on
16the form and license constitutes fraudulent concealment of
17sexual orientation and is a factor in determining the custody
18arrangement that is in the best interest of a minor child.
19The bill provides that in the determination of custody of
20a child of the parties in a dissolution action, if the court
21finds that fraudulent concealment of sexual orientation exists,
22a rebuttable presumption against the awarding of joint custody
23exists. Additionally, the bill provides that a finding by
24the court in a dissolution action that fraudulent concealment
25of sexual orientation exists, which is not rebutted, shall
26outweigh consideration of any other factor in the determination
27of the awarding of joint custody. The bill provides that if
28the court determines in a dissolution action that fraudulent
29concealment of sexual orientation exists, the court may
30forego the requirement that the parties participate in custody
31mediation to determine whether joint custody is in the best
32interest of the child.
33The bill provides that fraudulent concealment of sexual
34orientation is a factor, in a dissolution action, for a court
35to consider in determining the custody arrangement that is in
-3-1the best interest of the child, and provides that fraudulent
2concealment of sexual orientation is evidenced by nondisclosure
3or misrepresentation of a party’s sexual orientation at
4the time of the marriage to the other party on the party’s
5application form for a marriage license and the party’s license
6to marry.
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