Text of IA HF 101 (2015)
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.
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As introduced
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House File 101 - Introduced
HOUSE FILE
BY HEARTSILL, HOLT,
SALMON, GASSMAN,
FISHER, SHEETS,
KOOIKER, and WATTS
A BILL FOR
1 An Act relating to the granting of a marriage license when the
2 parties are of the same gender and the related appellate
3 jurisdiction of the supreme court.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 595.3, Code 2015, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 6. Where both parties are of the same
1 4 gender.
1 5 Sec. 2. COUNTY REGISTRAR DUTIES AND CONSTITUTIONAL
1 6 AMENDMENT. Pursuant to section 595.3, subsection 6, as
1 7 enacted in this Act, the county registrar shall not grant a
1 8 marriage license where both parties are of the same gender
1 9 until such time as an amendment to the Constitution of
1 10 the State of Iowa defining marriage as the legal union of
1 11 one man and one woman is submitted to the electorate for
1 12 ratification. Following submission of such amendment to the
1 13 electorate for ratification, if the amendment is ratified, the
1 14 prohibition against a county registrar granting a marriage
1 15 license to parties of the same gender shall continue to
1 16 be enforced following the effective date of the amendment.
1 17 Following submission of such amendment to the electorate for
1 18 ratification, if the amendment is not ratified, section 595.3,
1 19 subsection 6, as enacted in this Act, is repealed upon the
1 20 official certification of the vote.
1 21 Sec. 3. APPELLATE JURISDICTION. The supreme court shall
1 22 not have appellate jurisdiction over any prohibitions or
1 23 restrictions established by this Act relating to the granting
1 24 of a marriage license in this state.
1 25 EXPLANATION
1 26 The inclusion of this explanation does not constitute agreement with
1 27 the explanation's substance by the members of the general assembly.
1 28 This bill provides that a marriage license shall not be
1 29 granted where both parties are of the same gender. The bill
1 30 directs that the county registrar shall not grant a marriage
1 31 license where both parties are of the same gender until such
1 32 time as an amendment to the Constitution of the State of Iowa
1 33 defining marriage as the legal union of one man and one woman
1 34 is submitted to the electorate for ratification. Following
1 35 submission of the amendment to the electorate for ratification,
2 1 if the amendment is not ratified, the provision prohibiting the
2 2 granting of a marriage license where both parties are of the
2 3 same gender is repealed upon the official certification of the
2 4 vote.
2 5 The bill also provides that the supreme court does not have
2 6 appellate jurisdiction over any prohibitions or restrictions
2 7 established by the bill relating to the granting of a marriage
2 8 license in this state.
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